Birmingham Macaroni Co. v. Tadrick, 6 Div. 83

CourtSupreme Court of Alabama
Writing for the CourtGARDNER, J.
Citation88 So. 858,205 Ala. 540
PartiesBIRMINGHAM MACARONI CO. v. TADRICK.
Docket Number6 Div. 83
Decision Date03 February 1921

88 So. 858

205 Ala. 540

BIRMINGHAM MACARONI CO.
v.
TADRICK.

6 Div. 83

Supreme Court of Alabama

February 3, 1921


Rehearing Denied April 21, 1921

Appeal from Circuit Court, Jefferson County; Romaine Boyd, Judge.

Action for assault and battery by Mrs. Carrie Tadrick against the Birmingham Macaroni Company. Judgment for plaintiff, and defendant appeals. Affirmed.

In an action for assault and battery by defendant's employees upon plaintiff under the most humiliating circumstances, and where the evidence justified the awarding of punitive damages, so that the jury was authorized to exercise a wide discretion, a verdict, awarding plaintiff $3,000 will not be disturbed as excessive. [88 So. 859]

Suit by appellee against appellant to recover damages for an assault and battery committed on her in November, 1917, by the servants and employés of the defendant corporation while acting in the line and scope of their employment. The cause was tried upon count 2 and the general issue thereon, resulting in a judgment in the sum of $3,000 for the plaintiff, from which this appeal is prosecuted.

The evidence for the plaintiff tended to show: That she had previously been in the employ of the defendant corporation, and went to the defendant's factory on the Saturday this trouble arose, which was the regular pay day for the employés. That one Serio was superintendent and in charge of the factory, and Mrs. Della Maxwell was "floor lady" for the company, having charge of the packing department, kept the time, hired and discharged the girls, made up the pay rolls, and had placed the money in the envelopes, and was ready to pay off at the time of the difficulty, Serio having brought the money and left it with Mrs. Maxwell for that purpose. While Serio was over at the desk where Mrs. Maxwell was plaintiff asked him for her money, whereupon he replied, "You quit when you got good and ready, and I had a lot of trouble with you, and I will pay you when I get good and ready," and then cursed plaintiff, saying that he had had a lot of trouble with her, to which she replied that she had given him no trouble, but notified him the night before that she was going to quit. Plaintiff further said something about having to make a living for two besides herself, and concluded the sentence by saying, "They don't pay me $18 per week for sitting down." That thereupon Mrs. Maxwell jumped up and got her by the throat, and Serio, also getting up, said, "That's right; kick her out of here; and he then kicked her." When Mrs. Maxwell was pulled away from plaintiff, plaintiff started to run, Serio following her and catching her by the arm at the head of the stairway, saying, "If you don't quit hollering I will push you down these steps; I will kill you." Then, as plaintiff saw Mrs. Maxwell coming, she ran down the steps, Serio still following her, but Mrs. Maxwell turned back, and as she reached the door threw a weight at plaintiff, which struck her on the shoulder. The evidence further shows that as she got down the stairs, Serio still following her, one Stamps, who was also in the employ of the defendant, seeing the parties, called out to Serio, "If you touch this woman again, I will shoot your brains out;" and thereupon Serio stopped and paid the plaintiff the money that was due her. The plaintiff's neck was scratched, and blood running down. This was seen by Stamps, but Stamps was not present upstairs at the beginning of the difficulty. The defendant reserved exception to the court's action in overruling objections to the declarations made by Stamps. Plaintiff's testimony was corroborated by that of Mrs. Minnie Dickerson, who was not in the employ of the defendant.

The defendant's testimony was in sharp conflict with that of plaintiff, and showed a difficulty between plaintiff and Mrs. Maxwell brought on by abusive and insulting language used by plaintiff to Mrs. Maxwell, which provoked resentment. Defendant's testimony further tended to show that Serio did not kick or abuse plaintiff, but merely acted as peacemaker; that while he followed the plaintiff down the stairs, he was merely looking after her, to have her given a towel to wipe her face. Witnesses for the defendant consisted of Serio, Mrs. Maxwell, Lula Sweet, Stella Faulkner, and Mrs. Kate Nash, each of whom was in the employ of the defendant company at the time.

Motion was made for new trial upon the ground that the verdict was contrary to the weight of the evidence, and also newly...

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21 practice notes
  • Kelly v. Hanwick, 1 Div. 778.
    • United States
    • Supreme Court of Alabama
    • 25 Enero 1934
    ...dangers of the time, place and circumstances-a part of the res gestæ of the accident and injury. In Birmingham Macaroni Co. v. Tadrick, 205 Ala. 540, 542, 88 So. 858, 860, it was said: "It is next most strenuously insisted that the declaration of Stamps, as testified to by witnesses fo......
  • Burns v. State, 6 Div. 965.
    • United States
    • Supreme Court of Alabama
    • 6 Octubre 1932
    ...transaction that was admissible as a part of the res gestæ (Hanye v. State, 211 Ala. 555, 101 So. 108; Birmingham Macaroni Co. v. Tadrick, 205 Ala. 540, 88 So. 858). The introduction of the confession of Ogletree, an accomplice of the defendant, the said confession being given by stenograph......
  • Metropolitan Life Ins. Co. v. Carter, 6 Div. 223
    • United States
    • Supreme Court of Alabama
    • 23 Octubre 1924
    ...entirely personal. Republic Iron & Steel Co. v. Self, 192 Ala. 403, 68 So. 328, L.R.A.1915F, 516; Birmingham Macaroni Co. v. Tadrick, 205 Ala. 540, 88 So. 858, Cent. Foundry Co v. Laird, 189 Ala. 584, 66 So. 571; Jebeles & Collias Conf. Co. v. Booze, 181 Ala. 456, 62 So. 12; Gassenh......
  • Airheart v. Green, 8 Div. 904
    • United States
    • Alabama Supreme Court
    • 29 Mayo 1958
    ...Stripling, 261 Ala. 196, 73 So.2d 514; Pacific Fire Ins. Co. v. Overton, 256 Ala. 400, 55 So.2d 123; Birmingham Macaroni Co. v. Tadrick, 205 Ala. 540, 88 So. As stated, under the Homicide Statute, the amount of the verdict and the severity of the punishment are graded according to the degre......
  • Request a trial to view additional results
21 cases
  • Kelly v. Hanwick, 1 Div. 778.
    • United States
    • Supreme Court of Alabama
    • 25 Enero 1934
    ...dangers of the time, place and circumstances-a part of the res gestæ of the accident and injury. In Birmingham Macaroni Co. v. Tadrick, 205 Ala. 540, 542, 88 So. 858, 860, it was said: "It is next most strenuously insisted that the declaration of Stamps, as testified to by witnesses fo......
  • Burns v. State, 6 Div. 965.
    • United States
    • Supreme Court of Alabama
    • 6 Octubre 1932
    ...transaction that was admissible as a part of the res gestæ (Hanye v. State, 211 Ala. 555, 101 So. 108; Birmingham Macaroni Co. v. Tadrick, 205 Ala. 540, 88 So. 858). The introduction of the confession of Ogletree, an accomplice of the defendant, the said confession being given by stenograph......
  • Metropolitan Life Ins. Co. v. Carter, 6 Div. 223
    • United States
    • Supreme Court of Alabama
    • 23 Octubre 1924
    ...entirely personal. Republic Iron & Steel Co. v. Self, 192 Ala. 403, 68 So. 328, L.R.A.1915F, 516; Birmingham Macaroni Co. v. Tadrick, 205 Ala. 540, 88 So. 858, Cent. Foundry Co v. Laird, 189 Ala. 584, 66 So. 571; Jebeles & Collias Conf. Co. v. Booze, 181 Ala. 456, 62 So. 12; Gassenh......
  • Airheart v. Green, 8 Div. 904
    • United States
    • Alabama Supreme Court
    • 29 Mayo 1958
    ...Stripling, 261 Ala. 196, 73 So.2d 514; Pacific Fire Ins. Co. v. Overton, 256 Ala. 400, 55 So.2d 123; Birmingham Macaroni Co. v. Tadrick, 205 Ala. 540, 88 So. As stated, under the Homicide Statute, the amount of the verdict and the severity of the punishment are graded according to the degre......
  • Request a trial to view additional results

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