The Birmingham age-herald., 1913-05-02
Supreme Court Upholds De-
PENDANTS i'm Certain Cases
Brought in Birmingham
COURT OF APPEALS
UPHELD IN DECISION
Cases Reversed by Supreme Court
Those Against American Cast Iron
Pipe Co., Jefferson Fertilizer
Co. and b. r., L. & P. Co.

Montgomery, May 1.-(Speoial )-Three
suits for damages from personal injuries
were decided adversely to claimants from
Jefferson county by the supreme court
Thursday. the judgment of the lower
court having been reversed in all three
cases
In the case OF the American Cast Iron
Pipe company against John I.andrum, APP
pealed from the jefferson circuit court,
the higher tribunal held that the injuries
to the plaintiff had resulted from ncgIi-
gence of the employe rather than on the
part Of the defendant company.
In the lower court Landrum asked for
| $4,000 for injuries received while in the
eml 10y of the American Cast Iron Pipe
company in May, 1911. \ cure fell upon
the plaintiff and broke his shoulder bone,
his collar bone and inflicted other in
juries. The trial court awarded the plain
tiff S250O damages.
In writing the opinion of the court IN
the case, Associate Justice Sayre after
taking up in detail all of the evidence n
the case, held that the core fell from Is
place because of the fact, that the pm
holding it had not been properly inserted,
and that il was the plaintiff 5 duty to in
sert the pin properly.
1T was the plaintiffs business to insert
the pin" declared the court land, cf
course, it was his duty to insert it prop
erly If his injuries re.uIted from his
failure to do so, he cannot recover"
Other cases resulting from personal i'll
juries which the supreme court reversed
We're the Jefferson Fertilizer company,
against r. ID. Rich and Della Rich, AMI
the Birmingham Railway Light and Pow
er company, against Mrs. Beatrice Ely.
In the first case Mr.. and Mrg. Rich Sc
cured judgment for $3.50 for injuries sus-
tanned from the fumes from the fertilizer
plant which was a few hundred yards
from their property, and in the second
case Mrs. ELY secured a Judgment for
$500 for personal injuries alleged to have
been caused by collision between the
defendants street car and an automobile
in which the plaintiff as riding The
amount of damages aeked for was so, ,o0o.
Upholds Court of Appeals
In denying the petition for a writ Of
certiori to the court of appeals to review
the judgment of that court in the j.
Scurry Clark case, appealed from the
Pike county law and equity court, the SUI
prone court upheld the appellate court in
rendering a decision to the effect that
any person, firm or corporation engaged
in the lightning rod business in Alabama
is not liable for a lcense fee of s25, IN
posed by the revenue act of 1911, if he can
show that his acts in selling and deliva err
ing lightning rods are interstate 'transac-
tions.
In writing the opinion of the court of
appeals, Chief Justice Walker held that
the defendant j. Scurry Clark, had been
improperly convicted declaring that the
flafa I,al
state business and that it was not the
purpose of the Legislature in the act in
question to require such payment to
be made by a person firm of corporation
whose acts in selling or delivering light
ming rods are interstate commerce trans.
actions
Other Decisions Announced
Other decisions put out by the supreme
court Thursday are as follows:
Anderson. j.: Glover Creamery COM
pany VS.. Grace Diehl, a minor appeal
from Mobile Law and Equity Court;
affirmed.
Mayfield, &c. C. Bates Us. Annie NJ.
Tart appeal from Sumter chaneery
court; appeal dismissed by agreement.
A. C. Cruise ct al VS.. J. NJ. Sorren,
appeal from Autauga chancery court;
affirmed
w. c. Shackleford vs. Albert Williams,
appeal from Birmingham city court; af-
drmed
Southern Railway company VS.. Fannie
Hayes ct al appeal from Morgan circuit
court: reversed and remanded.
Somerville, john II. Snead VS.. Ella
Scott ct al, appeal from Marshall circuit
court; reversed and remanded.
DeGraffenried. J.-W. T. Harrison, pro
ami, VS.. c. f. Carter appeal from Monroe
law and equity court; affirmed
(Mrs1 NJ l.. Smith VS.. (Mrs.) NJ. l..
Rcney, appeal from Macon circuit court;
affirmed.
Vinegar Bend Lumber company VS..
Soule Steam Feed works. appeal from
Mobile circuit court; affirmed.