Marbury Lumber Co. v. Heinege
Supreme Court of Alabama
Appeal from Circuit Court, Autauga County ; Gaston Gunter, Judge. Action by Mary Heinege, as administratrix, against the Marbury Lumber Company, for damages for the death of her intestate, while in the employment of the defendant.
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Appeal from Circuit Court, Autauga County ; Gaston Gunter, Judge. Action by Mary Heinege, as administratrix, against the Marbury Lumber Company, for damages for the death of her intestate, while in the employment of the defendant. Judgment for plaintiff, and defendant appeals. , The counts of the complaint referred to are as follows: B. Plaintiff, suing as administratrix of the estate of Frank Heinege, deceased, claims of the defendant * * * for that she avers that on * * * the defendant was engaged in the business, in the county of Autauga, state of Alabama, in tearing down or razing a…
1Opinion of the CourtAnderson, C. J.
[1] This case was submitted to the jury upon counts B and E. They are under subdivision 2 of section 3910 of the Code of 1907, and are, for all practical purposes, identical, except that one charges the negligence to Superintendent Davis while the other ascribes the negligence to an unknown superintendent. These counts under our system of pleading sufficiently set forth the relationship of the parties, the duty owing from the one to the other, the nature and character of the work, and the cause of the intestate’s death proximately resulting from the negligence of the defendant’s…
2Cases cited9 opinions
- Burnwell Coal Co. v. SetzerSupreme Court of Alabama · 1914
- Reiter-Connolly Mfg. Co. v. HamlinSupreme Court of Alabama · 1906
- Alabama Consolidated Coal & Iron Co. v. HealdSupreme Court of Alabama · 1910
- Woodward Iron Co. v. AndrewsSupreme Court of Alabama · 1896
- Louisville & Nashville Railroad v. JonesSupreme Court of Alabama · 1900
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3Cited by11 opinions
- J. H. Burton Sons Co. v. MaySupreme Court of Alabama · 1925
- State v. HodgeSupreme Court of Alabama · 1967
- McLean v. Eaton Manfg. Co.Michigan Supreme Court · 1938
- Thomas Furnace Co. v. CarrollSupreme Court of Alabama · 1920
- Pardue v. Citizens Bank & Trust CompanySupreme Court of Alabama · 1971
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