Woodward Iron Co. v. Johnson
Supreme Court of Alabama
Appear from Birmingham City Court. Heard before Hon. Chas. A. Senn. Action by John T. Johnson against the Woodward Iron Company. Judgment for plaintiff, and defendant appeals. Reversed. The complaint consisted of a number of counts all of Avhicli Avere charged out at the request of the defendant except count O as amended. The substance of the count is stated in the opinion with sufficient clearness.
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Appear from Birmingham City Court. Heard before Hon. Chas. A. Senn. Action by John T. Johnson against the Woodward Iron Company. Judgment for plaintiff, and defendant appeals. Reversed. The complaint consisted of a number of counts all of Avhicli Avere charged out at the request of the defendant except count O as amended. The substance of the count is stated in the opinion with sufficient clearness. A demurrer AAras interposed to this count, the second ground of Avhich was as follows: Said count fails to set out a defect within the meaning of the employer’s liability act. Several exceptions…
1Opinion of the CourtDenson, J.
Action to recover damages for a personal injury. At the. time the injury occurred the plaintiff was in the employment of the defendant as a carpenter, and was engaged in helping to raise a trestle at the defendant’s coke ovens. The injury resulted from a “timber buggy” falling on the plaintiff from, the trestle. The cause Avas finally submitted to the jury on amended count C; all others being charged out at the request of the defendant. This count, after alleging the existence of the relation of employer and employe, *367the injury, its nature, and the circumstances under Avhich it was received,…
2Cases cited1 opinion
- Sloss-Sheffield Steel & Iron Co. v. MolbleySupreme Court of Alabama · 1903
3Cited by3 opinions
- Sloss-Sheffield Steel & Iron Co. v. DobbsSupreme Court of Alabama · 1914
- Holland-Blow Stave Co. v. SpencerAlabama Court of Appeals · 1917
- Lipscomb v. PaulSupreme Court of Alabama · 1964