U.S. Cast Iron, Pipe & Foundry Co. v. Granger
| Court | Supreme Court of Alabama |
| Writing for the Court | SIMPSON, J. |
| Citation | 162 Ala. 637,50 So. 159 |
| Decision Date | 10 June 1909 |
| Parties | UNITED STATES CAST IRON, PIPE & FOUNDRY CO. v. GRANGER. |
50 So. 159
162 Ala. 637
UNITED STATES CAST IRON, PIPE & FOUNDRY CO.
v.
GRANGER.
Supreme Court of Alabama
June 10, 1909
Rehearing Denied June 30, 1909.
Appeal from City Court of Bessemer; William Jackson, Judge.
Action by John Granger against the United States Cast Iron, Pipe & Foundry Company, for personal injuries. From a judgment for plaintiff, defendant appeals. Reversed and remanded.
The following pleas were filed by defendant: (2) "The plaintiff himself was guilty of negligence which proximately caused or contributed to cause his alleged injuries, in that he negligently occupied a position of danger under or near said crane." (3) Same as 2, down and including the words "said crane," and adds: "By which core bars were being hoisted, and where a core bar was likely to strike him if one should fall while being hoisted, and while negligently occupying said position a core bar fell while being hoisted and struck the plaintiff, whereby he was injured." (4) "The plaintiff is guilty of negligence which proximately caused or contributed to cause his alleged iujuries, in that he negligently occupied a position under said crane when he knew that the core bars or other objects which were being hoisted would be likely to slip or fall, and were likely to strike him if they should fall." (5) "The plaintiff himself was guilty of negligence which proximately caused or contributed to cause his alleged injuries, in that he negligently occupied a position of danger under or near the said crane, when there was obviously a safer way for him to do his work which he was employed to do, by taking a position out of the path of said crane and at a point where objects falling could not strike him."
Weatherly & Stokely, for appellant.
Frank S. White & Sons, for appellee.
SIMPSON, J.
This action, by the appellee against the appellant, is for damages on account of a personal injury received by the plaintiff while in the employment of the defendant.
The first insistence of the appellant is that the court erred (as set out in the third, fourth, and fifth assignments of error), in sustaining plaintiff's demurrers to the second, third, fourth, and fifth pleas. The first and second counts of the complaint were eliminated by charge of the court. The claim of the complaint is that, while the plaintiff was engaged in the duties of his employment, a "core bar," which was being moved by a crane, fell on him. Both counts are based on subdivision 1 of...
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Schmidt v. Mobile Light & R. Co., 1 Div. 136
...use of the word "negligently" in a plea of contributory negligence. For illustration, in United States Cast Iron Pipe & F. Co. v. Granger, 162 Ala. 637, 640, 50 So. 159, the plea alleged that plaintiff "negligently" assumed or occupied a position or place of danger "under or near the said c......
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U.S. Cast Iron Pipe & Foundry Co. v. Granger
...Frank S. White & Sons, for appellee. McCLELLAN, J. This is the second appeal in this case. United States C. I. P. & F. Co. v. Granger, 162 Ala. 637, 50 So. 159. On the retrial the case went to the jury on the issues made by counts 3 and 4, and pleas of the general issue, contributory neglig......
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Fowlkes v. Lewis, 43
...for the witness to state the inference he drew from the facts to which he deposed. United States Cast Iron Pipe & Foundry Co. v. Granger, 162 Ala. 637, 50 So. 159. The facts as to getting the advice of a lawyer and as to what was thereafter done having been testified to fully, the jury were......
-
Schmidt v. Mobile Light & R. Co., 1 Div. 136
...use of the word "negligently" in a plea of contributory negligence. For illustration, in United States Cast Iron Pipe & F. Co. v. Granger, 162 Ala. 637, 640, 50 So. 159, the plea alleged that plaintiff "negligently" assumed or occupied a position or place of danger "under or near the said c......
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U.S. Cast Iron Pipe & Foundry Co. v. Granger
...Frank S. White & Sons, for appellee. McCLELLAN, J. This is the second appeal in this case. United States C. I. P. & F. Co. v. Granger, 162 Ala. 637, 50 So. 159. On the retrial the case went to the jury on the issues made by counts 3 and 4, and pleas of the general issue, contributory neglig......
-
Fowlkes v. Lewis, 43
...for the witness to state the inference he drew from the facts to which he deposed. United States Cast Iron Pipe & Foundry Co. v. Granger, 162 Ala. 637, 50 So. 159. The facts as to getting the advice of a lawyer and as to what was thereafter done having been testified to fully, the jury were......