United States C. I. P. & F. Co. v. McCoy
Supreme Court of Alabama
Appeal from Bessemer City Court. Heard before Hon. J. C. B. Gwin. Action by Ben McCoy against the United States Cast Iron Pipe & Foundry Company, for damages for injuries while in its employment. Judgment for plaintiff, and defendant appeals.
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Appeal from Bessemer City Court. Heard before Hon. J. C. B. Gwin. Action by Ben McCoy against the United States Cast Iron Pipe & Foundry Company, for damages for injuries while in its employment. Judgment for plaintiff, and defendant appeals. In the second count of the complaint, after alleging that defendant was operating a pipe shop, and that plaintiff was employed therein as a machine shop helper, and while in such service or employment, and engaged in the discharge of his duties as such employee, plaintiff received the wounds and injuries described, it is alleged that the said wounds and…
1Opinion of the Court
SAYRE, J.(1) The trial court’s ruling on the second count of the complaint may be sustained on the authority of A. G. S. Ry. Co. v. Choate, 184 Ala. 636, 64 South. 78.
(2, 3) The third count stated a cause of action under the second subdivision of the Employer’s Liability Act (section 3910 . of the Code), which makes the master or employer liable to his servant or employee for injury caused by the negligence of a superintendent. The allegation that defendant’s superintendent, whose orders it was plaintiff’s duty to obey, and did obey, ordered plaintiff to do what he was doing at the time of…
2Cases cited4 opinions
- First National Bank v. ChandlerSupreme Court of Alabama · 1905
- Louisville & Nashville R. R. v. HandleySupreme Court of Alabama · 1911
- Conrad v. GraySupreme Court of Alabama · 1895
- Alabama Great Southern Railway Co. v. ChoateSupreme Court of Alabama · 1913
3Cited by3 opinions
- United States C. I. P. & F. Co. v. WarnerSupreme Court of Alabama · 1916
- Tennessee Coal, I. & R. R. v. WigginsSupreme Court of Alabama · 1916
- McDuff v. KurnSupreme Court of Alabama · 1937