Southern Coal & Coke Co. v. Swinney
Supreme Court of Alabama
Appeal from Shelby Circuit Court. Heard before Hon. John Pelham. Action by J. E. Swinney, by next friend, against the Southern Coal & Coke Company. Judgment for plaintiff. Defendant appeals. This was an action for damages for personal injuries to an employee while engaged in the business of the employer, mining coal.
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Appeal from Shelby Circuit Court. Heard before Hon. John Pelham. Action by J. E. Swinney, by next friend, against the Southern Coal & Coke Company. Judgment for plaintiff. Defendant appeals. This was an action for damages for personal injuries to an employee while engaged in the business of the employer, mining coal. The third count is drawn under subdivision 1 of the employer’s liability act, and the negligence charged is that a switch in the track upon which said car Ava,s running at the time of derailment, at or near the point of said derailment, was defective, so as to cause said car to…
1Opinion of the Court
DOWDELL, J. —
This is an action by the plaintiff to recover damages for personal injuries received in a coal mine while in the employment of the defendant in mining coal. The complaint contained’ four counts, to which demurrers were interposed and overruled. The defendant thereupon filed a number of pleas, consisting of the plea of not guilty and special pleas of contributory negligence. Demurrers were sustained to the eleArenth and twelfth special pleas, and, issue being-joined on the other pleas, a verdict was rendered in favor of the plaintiff. Upon the conclusion of the evidence the court,…
2Cases cited4 opinions
- Cobb v. MaloneSupreme Court of Alabama · 1890
- Alabama Great Southern Railroad v. HallSupreme Court of Alabama · 1894
- Wilson v. Louisville & Nashville RailroadSupreme Court of Alabama · 1887
- Birmingham Rolling Mill Co. v. RockholdSupreme Court of Alabama · 1904
3Cited by11 opinions
- Louisville & Nashville R. R. v. LileSupreme Court of Alabama · 1908
- Western Union Telegraph Co. v. NorthcuttSupreme Court of Alabama · 1908
- Turner v. StateSupreme Court of Alabama · 1909
- Alabama Great Southern Railroad Co. v. JohnstonSupreme Court of Alabama · 1967
- Troup v. StateSupreme Court of Alabama · 1909
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