That case obviously concerned an inquiry into the occupation of the prospective jurors only, not any and all of their relatives. That has been the extent of any reference to insurance in qualifying the venire. Found inside Page 6Power Transpositions Unless noted in line specifications , the power conductors will not be transposed . A tree is considered a danger tree when , if cut at the ground line , it would reach within ten feet of the line in falling . There was, however, no proper objection to the question propounded by the trial judge; consequently, any issue concerning the inquiry was not preserved for review. Such an inquiry has never before today been permitted in this state. Always assume a downed power line is live and life-threatening. Reports of Cases Decided Between in the Supreme Court of Alabama Power Co. v. Bodine, 213 Ala. 627 | Casetext There was evidence from which the jury could have concluded that APCo or Asplundh intentionally told Bonner eight trees would be cut, knowing that it was not true, when it was the intention to cut on a different tract of land altogether. Even the last case cited, Vickers v. Howard, 281 Ala. 691, 208 So. Not sure if they do this on call, but as mentioned already, beware. 899 (M.D. Small Boat Law Storm Data - Page 9 2d at 74. See cases collected at Annot., 27 A.L.R.2d 204, 214-217 (1953). Later, during voir dire, counsel for plaintiff was allowed to make the following inquiry: This question was asked over defense counsel's objection that it was "not a proper qualification.". 2d 301 (Ala.1983). Alabama's Treasured Forests. APCo also cross-claimed against Asplundh under an indemnity contract between Asplundh and APCo; this cross-claim was later withdrawn. The Power Company's Side Whenever people complain about indiscriminate and heavy-handed tree cutting, power companies invariably respond by pointing out that their primary responsibility is to ensure a reliable and uninterrupted supply of electricity to customers. Alabama Power Reviews, Complaints & Contacts | Complaints HWnF}/leo>R #^ZbJRv]rk 9t!B4uK(Z_k|mK(t?| #cxp"9Ezr1N3-_@Ks,#A$DTL;2&W. 2d 739 (1972), without any reason being shown for making the inquiry, either to determine the qualifications of jurors or to inform the plaintiff of possible bias so that the plaintiff could intelligently exercise his right to strike. Contact a local Alabama Power Right of Way Specialist Journal of Arboriculture - Volumes 1-2; Volumes 1-2 - Page 39 APCo's easement across Mr. Bonner's land is 50 feet wide, 25 feet on each side of the transmission line. Please try again. When asked to give examples of violations of the guidelines that he observed on the Lacys' property, Hilyer answered: Well, more specifically, at some of these branch crossings there was no observance made of how it should properly be done with preparation of how to cross these branches, along some of these steeper areas that go into these branch crossings measures taken to keep erosion in check or control.. James BONNER. Alabama Power was entitled to cut trees in order to comply with the law; the plaintiffs presented no evidence indicating that the defendants cut trees unnecessarily or inappropriately. 839. Alabama Power has listed on their website that the approximate cost to close the Jefferson County Miller plant ash pond is $415 million with an additional $127 million for all post-closure care, maintenance and correction action costs. Scores of merchantable hardwood trees were likewise destroyed. If trees or tree limbs fall and tear down power lines, the downed power lines may still be energized while in the air or on the ground. See 29 C.F.R. An old case, Stewart's Administrator v. Stewart's Heirs, 31 Ala. 207, 214 (1857), perhaps supports the plaintiffs' contention that one cannot use secondary evidence to prove the contents of an order of judgment: The judgments of courts of record can only exist in the records of the court. Without referring to Stewart's, this Court departed from that holding in Whitney v. Jasper Land Co., 119 Ala. 497, 500, 24 So. Introducing Justia Connect, a free membership with exclusive savings for lawyers like you. Found inside Page 579Ala - Alabama Power Co. v . attached a guy wire to maintain its , precautions taken under similar cirMatthews , 147 So power Service Corporation , 183 P. 960 , 42 Authority of servant panies to remove danger trees out . Cal . It not only allows inquiry into interest in any insurance company generally, but asks whether *835 family members work for any insurance company. Birmingham, Alabama Area. Found inside Page 1313 the a dead tree on adjacent land , was held poles at shorter intervals , and that the in Alabama Power Co. and not A power company maintaining a from electrocution , there was no error dangerous line through a public park in 2d 880 (1961): Until now any "proper purpose" of showing bias or interest in a member of the venire for an insurance company has been limited to an application of the principle stated in the first sentence of the above quotation. hb```b``vb`e`,ae@ ^0`8aHP)=K&% l$8:030$1ps)0(4h9wE)-a^UoH3$ k endstream endobj 9 0 obj <> endobj 10 0 obj <> endobj 11 0 obj <>/ProcSet[/PDF/Text/ImageC]/XObject<<>>>> endobj 12 0 obj <> endobj 13 0 obj <> endobj 14 0 obj <> endobj 15 0 obj [778 778 250 333 555 500 500 1000 833 278 333 333 500 570 250 333 250 278 500 500 500 500 500 500 500 500 500 500 333 333 570 570 570 500 930 722 667 722 722 667 611 778 778 389 500 778 667 944 722 778 611 778 722 556 667 722 722 1000 722 722 667 333 278 333 581 500 333 500 556 444 556 444 333 500 556 278 333 556 278 833 556 500 556 556 444 389 333 556 500 722 500 500 444 394 220 394 520 778 778 778 778 778 778 778 778 778 778 778 778 778 778 778 778 778 778 778 778 778 778 778 778 778 778 778 778 778 778 778 778 778 250 333 500 500 500 500 220 500 333 747 300 500 570 333 747 500 400 549 300 300 333 576 540 333 333 300 330 500 750 750 750 500 722 722 722 722 722 722 1000 722 667 667 667 667 389 389 389 389 722 722 778 778 778 778 778 570 778 722 722 722 722 722 611 556 500 500 500 500 500 500 722 444 444 444 444 444 278 278 278 278 500 556 500 500 500 500 500 549 500 556 556 556 556 500 556 500] endobj 16 0 obj <> endobj 17 0 obj [778 778 250 333 408 500 500 833 778 180 333 333 500 564 250 333 250 278 500 500 500 500 500 500 500 500 500 500 278 278 564 564 564 444 921 722 667 667 722 611 556 722 722 333 389 722 611 889 722 722 556 722 667 556 611 722 722 944 722 722 611 333 278 333 469 500 333 444 500 444 500 444 333 500 500 278 278 500 278 778 500 500 500 500 333 389 278 500 500 722 500 500 444 480 200 480 541 778 778 778 778 778 778 778 778 778 778 778 778 778 778 778 778 778 778 778 778 778 778 778 778 778 778 778 778 778 778 778 778 778 250 333 500 500 500 500 200 500 333 760 276 500 564 333 760 500 400 549 300 300 333 576 453 333 333 300 310 500 750 750 750 444 722 722 722 722 722 722 889 667 611 611 611 611 333 333 333 333 722 722 722 722 722 722 722 564 722 722 722 722 722 722 556 500 444 444 444 444 444 444 667 444 444 444 444 444 278 278 278 278 500 500 500 500 500 500 500 549 500 500 500 500 500 500 500 500] endobj 18 0 obj <>stream Thereupon, counsel for plaintiff made the following inquiry: This question was objected to, and the objection was overruled. In 1972, Alabama Power, by condemnation, acquired a transmission-line easement across certain land in Elmore County. It should be noted first that this is not a case in which a witness has revealed insurance, nor is it a case in which reference has been made to insurance in closing argument. 899 (M.D. Alabama Power appealed. Found inside Page 339Trees which have come to be dangerous 244 ( 1930 ) . since the grant are to be included in the This section intends to safeguard all class guarded against . Alabama Power Co. v . those who are in danger of suffering loss was posted on Oct 30, 2021. The order of judgment provided, in pertinent part: AND IT IS FURTHER ORDERED, ADJUDGED and DECREED by the Court that the applicant, Alabama Power Company, be and it is hereby granted the right to construct and erect on, across and over the 50 foot strip of land described in Par. The specific question asked the venire in that case was not recorded, but the plaintiff's counsel by affidavit said that juror Reynolds had identified himself as a Sentry Insurance representative. Gwin v. Church, 272 Ala. 674, 133 So. The case arose out of the following facts: Plaintiff James Bonner lives in Camden, Wilcox County, Alabama. None of the companies of the Sentry Insurance group were insurers of the defendants in that suit, or had any interest in the suit. 0000001795 00000 n Nobody wants to sit for days in the dark because a problem tree fell on the power lines. Unlike Alabama, some states have allowed the venire to be asked that question without reference to a particular insurance company, e.g., interest in "any" insurance company. Found inside Page 69[ 2 , 3 ] Generally , a power company is under a duty of safeguarding the public against dangers arising from the use of Specifically , in regard to decayed trees or limbs , the power company's duty owed to the motoring public is In Griffin v. State, 383 So. These can be trees either on or off of the right of way. Alabama Power was entitled to cut trees in order to comply with the law; the plaintiffs presented no evidence indicating that 2d 72 (1968), the plaintiff in a personal injury case appealed from a judgment in favor of the defendants. This proposition is so well established that we cite no authorities to sustain it.. Never pull tree limbs off power lines yourself. 229, 238, 206 So. Go to their website or call them up and report the address where the issue is. In urging trial lawyers to take advantage of their right to a probing, wide-ranging voir dire examination, Francis Hare, Jr., has stated the purposes of such an examination: Hare, "Voir Dire and Jury Selection," 29 Ala. Lawyer 160 (1968). BIRMINGHAM, Ala. (WBRC) - South Alabama is dealing with a lot of power outages with trees and power lines down. The trial court did not err in receiving uncontradicted secondary evidence to prove the existence and contents of the order of judgment in the 1973 condemnation case. Never go near chain link fences. 0000001631 00000 n The defendants next argue that prejudicial error occurred, requiring a new trial, because the trial court allowed into evidence a "public trespass notice" which Mr. Bonner had run in the local newspaper and had posted on his land in 1980. *828 J. Garrison Thompson and Philip Henry Pitts of Pitts, Pitts & Thompson, Selma, for appellants. Not only does Alabama Power have the right to cut danger trees and collateral trees, but it is obligated under the law to do so. An attorney of record for Alabama Power in the 1973 condemnation proceeding executed an affidavit stating that he prepared the order of judgment; that he witnessed the trial judge's signing the order of judgment (that judge is now deceased); that he, on instruction from the trial judge, filed a signed order of judgment with the person who was clerk of the Elmore Circuit Court in 1973; and that the unexecuted copy of the order of judgment that was introduced into evidence in this case was a true and correct copy of the original order of judgment signed by the trial judge in 1973. In spite of Alabama Power Company's program of periodically reclearing such trees, called `danger trees,' approximately 15% of the permanent line interruptions to Alabama Power Company's transmission system over the past ten years have been due to such trees.
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