JACKSON v. ELLER

8 Div. 489.

112 So.2d 218 (1959)

Hogan JACKSON v. A. E. ELLER.

Court of Appeals of Alabama.

May 12, 1959.


Attorney(s) appearing for the Case

Claud D. Scruggs and Smith & Moore, Guntersville, for appellant.

Rogers, Howard & Redden, Birmingham, for appellee.


CATES, Judge.

Jackson has appealed from a judgment in an action against him in which a petty jury brought in a general verdict in favor of Eller for $1,000.

In November of 1953, Mr. Jackson employed Mr. Eller to deepen a dug well on Jackson's farm near Rabbit Town in Marshall County. Eller testified that he got in the well, worked about five to ten minutes and was overcome "by what I would say was poison gas." He put a rope around his waist and hollered and...

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