BAGBY ELEVATOR AND ELECTRIC COMPANY, INC. v. McBRIDE

SC 204, SC 204X.

291 So.2d 306 (1974)

BAGBY ELEVATOR AND ELECTRIC COMPANY, INC., a corporation v. Terry McBRIDE, a Minor Ten Years of Age, Who Sues By and Through His Mother, Mrs. Minnie McBride, as Next Friend. Terry McBRIDE, a Minor Ten Years of Age, Who Sues By and Through His Mother, Mrs. Minnie McBride, as Next Friend v. BAGBY ELEVATOR AND ELECTRIC CO., INC., a corporation.

Supreme Court of Alabama.

Rehearing Denied March 28, 1974.


Attorney(s) appearing for the Case

Jones, McEachin, Ormond & Fulton, Tuscaloosa, for appellant.

Edward F. Morgan, Tuscaloosa, for appellee.

C. V. Stelzenmuller and D. Frank Davis, Birmingham, for Alabama Branch, Associated General Contractors of America, amicus curiae.


Rehearing Denied March 28, 1974 in No. SC 204.

JONES, Justice.

The constitutionality and applicability, vel non, of Act No. 788, Acts of Alabama, 1969, p. 1418—Title 7, § 23(1), Code of Alabama, 1940 (Recomp.1958)—are dispositive of this appeal. Act No. 788 provides:

"Be It Enacted by the Legislature of Alabama: "Section 1. All actions against persons who performed or furnished the design, planning, supervision or construction...

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