Fuller v. Lanett Bleaching & Dye Works, 434
| Court | Supreme Court of Alabama |
| Writing for the Court | SOMERVILLE, J. |
| Citation | 190 Ala. 208,67 So. 378 |
| Decision Date | 17 December 1914 |
| Docket Number | 434 |
| Parties | FULLER v. LANETT BLEACHING & DYE WORKS. |
67 So. 378
190 Ala. 208
FULLER
v.
LANETT BLEACHING & DYE WORKS.
No. 434
Supreme Court of Alabama
December 17, 1914
Rehearing Denied Jan. 21, 1915
Appeal from Circuit Court, Chambers County; A.H. Alston, Judge.
Action by John K. Fuller against the Lanett Bleaching & Dye Works. From a judgment for defendant, plaintiff appeals. Reversed and remanded.
See, also, 65 So. 61. [67 So. 379]
Denson & Sons, of Opelika, for appellant.
Strother, Hines & Fuller, of La Fayette, for appellee.
SOMERVILLE, J.
It was not necessary for the plaintiff to allege in the second count that both "the elevator, and the machinery by which said elevator was hoisted, were defective." But, having chosen to separate the elevator from its hoisting machinery, and to separately specify the defectiveness of each, it was incumbent upon him to prove that each was separately defective. There is nothing in the evidence suggestive of any defect in the elevator itself; and hence a material part of the case stated by the count is without support.
The third count, which must be considered only with reference to its specification, obviously states no cause of action, and could not support a recovery; nor was there any evidence tending to show that the superintendent Holstun ordered plaintiff to work upon a defective elevator, and at the defective machinery thereof, as charged.
The fourth count is wholly without support in the evidence as to its material specification that the said Holstun permitted and allowed plaintiff to work on or about said elevator, with a knowledge (by Holstun) of its defective condition. There is nothing to suggest such knowledge by Holstun.
The fifth and sixth counts are also wholly without support in the evidence as to their conjunctive and cumulative specifications that the wheel or casting was old and worn; that the pin was old and worn; and that the pin was insufficient in strength to support the elevator. On the contrary, the undisputed evidence is that, though old in use, they were not worn; and also that the pin was in perfect condition and sufficient for its purpose.
The seventh count is without support in the evidence as to its main allegation; viz., that Bob Harrison was superintendent of the elevator.
As to all of these counts it is clear that the general affirmative charge for the defendant was properly given.
The questions presented under the eighth count are more difficult of solution. [67 So. 380]
It appears without dispute that the pin and the wheel socket into which it fitted were without defect, and that the pin was properly driven in. It further appears that this pin had been in its place in this wheel for 14 years before this accident; that, about 3 months before, the master mechanic, Harrison, had inspected it closely, and found the pin in proper position and tight; and that the same pin was replaced after this accident in the same socket, and had held securely up to the time of the trial. It is therefore clear that, if the defendant has been guilty of any negligence covered by the specifications of the eighth count, it was...
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Gulf States Steel Co. v. Justice, 6 Div. 944
...Mr. Justice Mayfield observed of subdivision 2 of this statute that it-- "was construed in the case of Fuller v. Lanett Cotton Mills, 190 Ala. 208, 65 So. 61 [meaning Fuller v. Lanett Bleaching Co., 186 Ala. 117]. In that case the settlement was made pending the appeal to this court, and it......
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Morris v. Merritt Oil Co.
...they furnish their employees for use at work. Morris cites two cases in support of her argument: Fuller v. Lanett Bleaching & Dye Works, 190 Ala. 208, 67 So. 378 (1914); and Page 1144 Epsey v. Cahaba Coal Co., 186 Ala. 160, 64 So. 753 (1914). Fuller, however, dealt with injuries and death r......
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State v. Clary, 20870
...appear to have resulted injuriously.' See also, State v. Wiggins, 45 La.Ann. 416, 12 So. 630. In the instant case we concur in the opinion [67 So. 378] of the trial judge that none of the acts of the jurors, and none of the communications made to them, had a tendency to influence their verd......
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Clark-Pratt Cotton Mills Co. v. Bailey, 3 Div. 303
...inspection, and we think that question was, under the circumstances shown, properly left to the jury. Fuller v. Lanett Works, 190 Ala. 208, 67 So. 378. It is to be observed that, while the standard of care followed by other cotton mills in the inspection of their machinery for the discovery......
-
Gulf States Steel Co. v. Justice, 6 Div. 944
...Mr. Justice Mayfield observed of subdivision 2 of this statute that it-- "was construed in the case of Fuller v. Lanett Cotton Mills, 190 Ala. 208, 65 So. 61 [meaning Fuller v. Lanett Bleaching Co., 186 Ala. 117]. In that case the settlement was made pending the appeal to this court, and it......
-
Morris v. Merritt Oil Co.
...they furnish their employees for use at work. Morris cites two cases in support of her argument: Fuller v. Lanett Bleaching & Dye Works, 190 Ala. 208, 67 So. 378 (1914); and Page 1144 Epsey v. Cahaba Coal Co., 186 Ala. 160, 64 So. 753 (1914). Fuller, however, dealt with injuries and death r......
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State v. Clary, 20870
...appear to have resulted injuriously.' See also, State v. Wiggins, 45 La.Ann. 416, 12 So. 630. In the instant case we concur in the opinion [67 So. 378] of the trial judge that none of the acts of the jurors, and none of the communications made to them, had a tendency to influence their verd......
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Clark-Pratt Cotton Mills Co. v. Bailey, 3 Div. 303
...inspection, and we think that question was, under the circumstances shown, properly left to the jury. Fuller v. Lanett Works, 190 Ala. 208, 67 So. 378. It is to be observed that, while the standard of care followed by other cotton mills in the inspection of their machinery for the discovery......