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COALITE, INC. v. ALDRIDGE

6 Div. 638.

229 So.2d 539 (1969)

COALITE, INC., a Corp. v. Leethel ALDRIDGE and Lorene Aldridge.

Supreme Court of Alabama.

September 4, 1969.

Attorney(s) appearing for the Case

Bankhead, Petree & Savage, Jasper, for petitioner.

Bill Fite, Hamilton, opposed.

Thomas Taliaferro, Forman, Burr & Murray, and P. P. Vacca and Cato & Hicks, Birmingham, amici curiae, in support of the petition.

HARWOOD, Justice.

This is a blasting case in which there was no evidence produced by the plaintiffs to the effect that the defendant's blasting operations were carried on in a negligent manner. In affirming a judgment for the plaintiffs, the Court of Appeals, 229 So.2d 524, has written:

"The judgment below can only be upheld if the evidentiary rule of res ipsa loquitur applies to prove negligence as a product of vibrations...

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