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ALABAMA POWER CO. v. SMITH

80-222.

409 So.2d 760 (1981)

ALABAMA POWER COMPANY v. Walter Lee SMITH and Mary Ruth Smith.

Supreme Court of Alabama.

Rehearing Denied February 5, 1982.

Attorney(s) appearing for the Case

C. William Gladden, Jr. and James A. Bradford of Balch, Bingham, Baker, Hawthorne, Williams & Ward, Birmingham, for appellant.

Stephen D. Heninger and Alex W. Newton of Hare, Wynn, Newell & Newton, Birmingham, for appellees.

ADAMS, Justice.

This is a premises liability case. Plaintiffs Walter Lee Smith (Smith) and his wife, Mary Ruth Smith, complain that the defendant negligently operated its scales so that they were not reasonably safe for plaintiff Smith to perform his duties in and about the delivery of coal to and from defendant Alabama Power Company's Gorgas Transloader. It is not clear whether plaintiff Smith was an employee of Osborne...

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