American Bolt Co. v. Fennell
Supreme Court of Alabama
Appeal from Jefferson Circuit Court. Heard before Hon. A. O. Lane. Action by Ed Fennell against the American Bolt Company. From a judgment for plaintiff, defendant appealed.
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Appeal from Jefferson Circuit Court. Heard before Hon. A. O. Lane. Action by Ed Fennell against the American Bolt Company. From a judgment for plaintiff, defendant appealed. Complaint was as follows: “(1) Plaintiff claims of defendant the sum of $5,000 as damages for this, to wit, that heretofore, on, to wit, the 15th day of February, 1907, about 5 o’clock in the afternoon, the plaintiff was proceeding on foot on the sidewalk, where he had a right to be, along Thirty-Second street, from First avenue towards Fifth a.venue, in Jefferson county, Ala., according to the map and plan of the city of…
1Opinion of the CourtSimpson, J.
The action in this case was brought by the appellee against the appellant for damages on account of injures received from being run over bjr a team of mules, drawing a dray, belonging to the defendant. The general affirmative charge was given, as to the third and fifth counts of the complaint, in favor of the defendant, leaving only the first, second, and fourth counts, and count x, for consideration.
It is insisted, first, that the demurrer should have been sustained to the first count of the complaint, because said count does not show that the defendant violated any duty which it owed to the…
2Cases cited4 opinions
- Hennessey v. TaylorMassachusetts Supreme Judicial Court · 1905
- Ferguson v. . HubbellNew York Court of Appeals · 1884
- Kennedy v. North Jersey Street Railway Co.Supreme Court of New Jersey · 1905
- Fielder v. TiptonSupreme Court of Alabama · 1906
3Cited by8 opinions
- Buffalo Rock Co. v. DavisSupreme Court of Alabama · 1934
- Alabama Fuel & Iron Co. v. BushSupreme Court of Alabama · 1920
- Shelby Iron Co. v. MorrowSupreme Court of Alabama · 1923
- Sloss-S. S. & I. Co. v. WeirSupreme Court of Alabama · 1913
- Birmingham, Ensley & Bessemer R. R. v. StaggSupreme Court of Alabama · 1916
3 more not listed; retrieve them via the Exa API.