Sloss-Sheffield Steel & Iron Co. v. Prosch

• Decision Date: 07 November 1914
• Docket Number: 807
• Citation: 190 Ala. 290,67 So. 516
• Court: Alabama Supreme Court
• Parties: SLOSS-SHEFFIELD STEEL & IRON CO. v. PROSCH et al.

67 So. 516

190 Ala. 290

SLOSS-SHEFFIELD STEEL & IRON CO. v. PROSCH et al.

No. 807

Supreme Court of Alabama

November 7, 1914

Rehearing Denied Dec. 17, 1914

Appeal from City Court of Birmingham; John H. Miller, Judge.

Action by Louis Prosch and others against the Sloss-Sheffield Steel & Iron Company, for damages to plaintiffs' residence by the explosion of dynamite. Judgment for plaintiffs, and defendant appeals. Affirmed.

The following are the counts of the complaint directed to be set out:

(1) Plaintiff claims of defendant $5,000 damages, because he says that on, to wit, May 2, 1906, defendant was engaged in operating certain stone quarries at North Birmingham, Ala. to wit, at Twenty-Fourth avenue and Twenty-Third street, and defendant, in the course of its operations of said mines, did use quantities of dynamite powder and other dangerous explosives, and it thereupon became and was the duty of defendant to keep, handle, and use said explosives in a reasonably safe and careful manner. Plaintiff alleges that defendant wholly failed in its said duty, and negligently and carelessly stored large quantities of said explosives in a dangerous place in the said town of North Birmingham, where by reason of its being so negligently and carelessly stored in such dangerous and improper place, the same exploded on to wit, the day aforesaid, and as a result of the said explosion a certain residence owned by plaintiff in the said town of North Birmingham was wrecked and shattered, and the plastering thereof loosened and broken and caused to fall off, and windows and glass fronts were broken and shattered and the walls were cracked and weakened, and the chimneys were shattered and cracked and broken, so that plaintiff had been caused great expense for repairs, and that said building has been permanently injured, so that it cannot be restored to its original condition without entire rebuilding, all to plaintiff's damage in the sum of $5,000 as aforesaid.

(3) Plaintiff claims of defendant the further sum of $5,000 damages because he says that on, to wit, the day aforesaid plaintiff was the owner of a certain residence situated in North Birmingham, Ala., which is a thickly settled community and a legally incorporated municipality, and on, to wit, the day aforesaid, defendant, which is a corporation engaged in operating iron smelting furnaces, and also engaged in quarrying large quantities of rock, within the city limits of said North Birmingham, for its use in said furnaces, had negligently deposited or stored at, to wit, Twenty-Fourth avenue and Twenty-Third street, in said North Birmingham, a large quantity of dynamite and powder for its use in said quarrying, and on, to wit, the day aforesaid, the said explosives were stored in large quantities in a certain magazine or house that was used by defendant for keeping the same, and, by reason of defendant's said negligence, an explosion thereof occurred, which shattered and wrecked said residence owned by plaintiff, the plastering thereof was loosened and broken and caused to fall off, the windows and glass fronts were shattered and broken, and the chimneys were cracked, broken, and shattered, so that plaintiff has been put to great expense for repairs, and the said building has been permanently injured, so that same cannot be restored to its original condition without entire rebuilding, all to plaintiff's damage, as aforesaid, in the sum of $5,000.

(5) Plaintiff claims of defendant $6,000 damages because he says that on, to wit, May 2, 1906, defendant was engaged in operating a stone quarry in or near the town of North Birmingham, and had stored in a certain magazine or warehouse owned by it, in or near the town of North Birmingham, a large quantity of dynamite and other dangerous explosives, which were liable to explode with a force beyond any human agency to control or power to resist. And plaintiff alleges that defendant's servants or employés then and there in charge of said explosives were negligent in the manner of keeping said explosives in that the same were stored or kept in a place where the surrounding conditions were such that said explosives would probably explode.

(6) Plaintiff claims of defendant the further sum of $5,000 damages because he says that on, to wit, May 2, 1906, the defendant was operating a stone quarry in or near the town of North Birmingham, and operating said quarry used large quantities of dynamite and other explosives, and plaintiff alleges that defendant kept large quantities of dynamite in a small wooden building in or near said town and in near proximity to many buildings and persons whose property and lives would be in danger by an explosion of said dynamite and other explosives. And plaintiff alleges that said explosive known as dynamite is of a chemical composition, such as render probable an explosion thereof without any extraneous cause as a result of its composition or some chemical change therein with such violence as to endanger the lives and property of persons in the vicinity. And plaintiff alleges the defendant's agents, servants, or employés then and there in charge of said quarry and magazine, well knowing the fact that dynamite was an explosive of such nature as aforesaid, did negligently keep a large quantity of said explosive in said magazine, in excess of what was necessary for the operation of its said quarry, in a small wooden building in or near the town of North Birmingham, well knowing that, in the event of an explosion of said dynamite the property and lives of persons residing in the vicinity of said magazine would be in danger. And plaintiff alleges that the said dynamite did explode on, to wit, the day aforesaid, with such violence that a certain house or residence owned by plaintiff, and in which he was at that time residing, was greatly shattered and broken, and the plastering loosened and broken, and windows and glass shattered, and walls and chimneys shattered, and was partly removed from its foundations, and the furniture and carpets were broken, defaced, and damaged, and plaintiff was put to great expense in and about repairing said house or residence and contents, and said house or residence has been permanently damaged, all to plaintiffs' damage in the sum of $5,000, as aforesaid. The house referred to in this count is the same house referred to in the original complaint.

(9) Plaintiff claims of defendant

the further sum of $5,000 damages because he says that on, to wit, May 2, 1906, defendant was operating a stone quarry in or near the town of North Birmingham, and in operating said quarry used large quantities of dynamite and other explosives, and plaintiff alleges that defendant kept large quantities of dynamite in a small wooden building in or near the corporate limits of said town, and in near proximity to many buildings and persons whose property and lives would be in danger by an explosion of said dynamite and other explosives. And plaintiff alleges that said explosive known as dynamite is of a kind known that will probably explode without any cause known to experts in dynamite and such explosives to be a cause of such explosions with such violence as to endanger the lives and property of persons in the vicinity. And plaintiff alleges that defendant's agents or servants then and there in charge of said quarry or magazine, well knowing the facts that dynamite was an explosive of such nature, and that it will probably explode without any such aforesaid known cause, did negligently keep a large quantity of said explosive in said magazine, which was a small wooden building, in or near the town of North Birmingham, well knowing that, in the event of an explosion of said dynamite, the property and lives of persons residing in the vicinity of said magazine would be in danger. And plaintiff alleges that the said dynamite did explode on, to wit, the day aforesaid, with such violence that a certain house or residence owned by plaintiff was greatly shattered and broken, and the plastering loosened and broken, and windows and glass shattered, and walls and chimneys shattered, and was partly removed from its foundations, and the furniture and carpets were broken, defaced, and damaged, and plaintiff was put to great expense in and about repairing said storehouse and residence, and contents, and said house or residence has been permanently damaged, all to plaintiff's damage in the sum of $5,000, as aforesaid. The house referred to in this count is the same house referred to in the original complaint filed in this cause.

(13) Plaintiff claims of defendants $5,000 as damages because they say that on, to wit, May 2, 1906, defendant was engaged in operating a stone quarry in or near the town of North Birmingham, and had stored in a certain magazine or warehouse owned by it, in said town, a large quantity of dynamite, to wit, 650 pounds, which dynamite was liable to explode with a force beyond human agency to control or to resist. And plaintiffs allege that the said quantity of explosive was kept by the defendant, as stated, in a thickly settled portion of the town of North Birmingham, where there were in proximity many buildings and persons, and where the said explosive was liable to explode and do injury to such persons or property. And plaintiffs allege that on, to wit, the day aforesaid, the said dynamite so kept by defendant in said house did explode, and as a result of said explosion a certain house owned by plaintiffs in the said town of North Birmingham was wrecked and shattered, and the plastering thereof shattered and broken, and the windows and glass were broken, and the walls and chimneys were shattered and broken, and the said building was partly thrown from its foundations,

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