[Download] "Hinton & Sons v. James Clyde Strahan" by Supreme Court of Alabama # eBook PDF Kindle ePub Free
eBook details
- Title: Hinton & Sons v. James Clyde Strahan
- Author : Supreme Court of Alabama
- Release Date : January 27, 1957
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
MERRILL, Justice. Appellant, a partnership operation a dairy, appeals from a judgment against it in the sum of $12,500. The
complaint that went to the jury consisted of one count which declared upon an alleged breach of the common law duty to furnish
appellee, their employee, with a reasonably safe place in which to work. The count, after alleging that plaintiff was employed
by the defendant, avers that plaintiff was manually milking one of appellant's cows in one of the stalls located in appellant's
barn, and that appellant negligently failed to provide plaintiff with a reasonably safe place to do and perform the work for
which he was employed, and that the cow plaintiff was milking ran upon plaintiff and knocked him into a cement gutter in said
barn and, that as a proximate consequence of appellant's said negligence, plaintiff received many injuries. The appellant pleaded the general issue in short by consent, and this included the pleas of assumption of risk and contributory
negligence.