Sloss-Sheffield Steel & Iron Co. v. Molbley
Supreme Court of Alabama
Appeal from the Circuit Court of- Lauderdale. Tried before the Hon. Ed. B. Almon. This action was brought by Beulah Mobley, adminis-tratrix of the estate of Joseph P. Mobley, deceased, against the Sloss-Sheffield Steel & Iron Company, to recover damages for the alleged negligent injury to plaintiff’s intestate, which resulted in his death. The complaint as originally filed contained only three counts. Subsequently the 6th, Gth and 7th counts were added by amendment.
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Appeal from the Circuit Court of- Lauderdale. Tried before the Hon. Ed. B. Almon. This action was brought by Beulah Mobley, adminis-tratrix of the estate of Joseph P. Mobley, deceased, against the Sloss-Sheffield Steel & Iron Company, to recover damages for the alleged negligent injury to plaintiff’s intestate, which resulted in his death. The complaint as originally filed contained only three counts. Subsequently the 6th, Gth and 7th counts were added by amendment. The first count was framed under the common law for death by wrongful act, and the 2d count was framed under sub-division one of…
1Opinion of the CourtMcCLELLAN, C. J.
The case is to lie considered here as if tried below on the 3d, 5th, 6th and 7th counts of the complaint.
The 3d count ascribes intestate’s death to the negligence of an engineer in charge of an engine, but it does not aver that the engine was on a railway. This fact is *434essential to a cause of action under sub-section 5 of section 1749 of the Code. — Whatley v. Zenida Coal Co., 122 Ala. 118. The allegation of the count may afford ground for an inference that the engine was on a railway in-that it is referred to as a “switch engine,” and it is said that defendant was there operating locomotives…
2Cases cited6 opinions
- Whatley v. Zenida Coal Co.Supreme Court of Alabama · 1898
- Birmingham Furnace & Manufacturing Co. v. GrossSupreme Court of Alabama · 1892
- Georgia Pacific Railway Co. v. BrooksSupreme Court of Alabama · 1887
- Clements v. Alabama Great Southern RailroadSupreme Court of Alabama · 1899
- Southern Railway Co. v. MooreSupreme Court of Alabama · 1900
1 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Woodward Iron Co. v. MarbutSupreme Court of Alabama · 1913
- Going v. Alabama Steel & Wire Co.Supreme Court of Alabama · 1904
- J. Ray Arnold Lumber Corp. v. RichardsonSupreme Court of Florida · 1932
- Huyck v. McNerneySupreme Court of Alabama · 1909
- Grasselli Chemical Co. v. DavisSupreme Court of Alabama · 1909
23 more not listed; retrieve them via the Exa API.