Woodward Iron Co. v. Nunn
Supreme Court of Alabama
Appeal from Circuit Court, Jefferson County; Horace C. Wilkinson, Judge. Action by Wiley- Nunn against the Woodward Iron Company, for damages for injuries to Matthew Nunn, a minor son of plaintiff, while engaged in the duties of his employment in the mines belonging to the defendant.
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Appeal from Circuit Court, Jefferson County; Horace C. Wilkinson, Judge. Action by Wiley- Nunn against the Woodward Iron Company, for damages for injuries to Matthew Nunn, a minor son of plaintiff, while engaged in the duties of his employment in the mines belonging to the defendant. Judgment for the plaintiff, and defendant appeals. 'Transferred from Court of Appeals under Acts 1911, p. 449, § 6. Defendant was entitled to the affirmative " charge. 204 Ala. 190, 85 South. 485; 76 South. 901; 188 Ala. 337, 66 South. 85; 164 Ala. 125, 51 South. 397, 137 Am. St. Rep. 31; 202 Ala. 3, 79 South.…
1Opinion of the CourtThomas, J.
The suit, by the father for injuries to a minor son, was based on the common-law liability of the master to the employé, stated in count 1 and count 4 as amended. The general affirmative charges requested as to each count were refused.
The suit by the injured employé against this defendant growing out of the same alleged breada of duty and injury is reported as Woodward Iron Co. v. Nunn, 204 Ala. 190, 85 South. 485, in which it is declared that—
“The mine was aiot inherently dangerous when the plaintiff was placed therein lay the master, and that the danger subsequently arose as the result of…
2Cases cited5 opinions
- Langhorne v. SimingtonSupreme Court of Alabama · 1914
- South Brilliant Coal Co. v. McCollumSupreme Court of Alabama · 1917
- Seagle v. Stith Coal Co.Supreme Court of Alabama · 1918
- Woodward Iron Co. v. MaxeySupreme Court of Alabama · 1917
- Woodward Iron Co. v. NunnSupreme Court of Alabama · 1920
3Cited by5 opinions
- Fireman's Fund Am. Ins. Co. v. ColemanSupreme Court of Alabama · 1981
- Foreman v. Dorsey Trailers, Inc.Supreme Court of Alabama · 1951
- Procter & Gamble Co. v. StaplesSupreme Court of Alabama · 1989
- Procter & Gamble Co. v. StaplesSupreme Court of Alabama · 1989
- Procter & Gamble Co. v. StaplesSupreme Court of Alabama · 1989