Amerson v. Corona Coal & Iron Co.
Supreme Court of Alabama
Appeal from Walker Circuit Court. Heard, before Hon. J. J. Curtis. Action by M. M. Amerson, as administrator against the Corona Coal & Iron Company. Judgment for defendant, and plaintiff appeals. The complaint alleges that plaintiff’s intestate was employed by defendant, and while engaged in the duties of his employment a- piece of rock or slate fell from the roof of the mine, striking plaintiff’s intestate and killing him.
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Appeal from Walker Circuit Court. Heard, before Hon. J. J. Curtis. Action by M. M. Amerson, as administrator against the Corona Coal & Iron Company. Judgment for defendant, and plaintiff appeals. The complaint alleges that plaintiff’s intestate was employed by defendant, and while engaged in the duties of his employment a- piece of rock or slate fell from the roof of the mine, striking plaintiff’s intestate and killing him. The first count declares for a failure to furnish plaintiff’s intestate a reasonably safe place in which to work. The second count declares as for a defect in thé ways,…
1Opinion of the Court
THOMAS, J. —(1) In Tobler v. Pioneer Mining & Manufacturing Co., 166 Ala. 517, 52 South. 86, this court declared the rule to be that where the plaintiff has introduced his evidence, and it does not tend to prove the cause of action, the court may refuse to hear the evidence of the defendant; but it is only in the absence of all evidence against the defendant that the court should direct a verdict. If there be any evidence which tends to establish the plaintiff’s cause, the court should not withdraw the case from the jury, or direct a verdict. It is not for the court to judge of the…
2Cases cited19 opinions
- Bank of United States v. DandridgeSupreme Court of the United States · 1827
- Tobler v. Pioneer Mining & Mfg. Co.Supreme Court of Alabama · 1909
- Shipp v. SheltonSupreme Court of Alabama · 1915
- Ashford v. AshfordSupreme Court of Alabama · 1902
- Mobile, Jackson & Kansas City R. R. v. BrombergSupreme Court of Alabama · 1904
14 more not listed; retrieve them via the Exa API.
3Cited by73 opinions
- McMillan v. AikenSupreme Court of Alabama · 1920
- Nashville, Chattanooga & St. Louis Railway v. CrosbySupreme Court of Alabama · 1915
- Fries v. Acme White Lead & Color WorksSupreme Court of Alabama · 1918
- Jones v. BellSupreme Court of Alabama · 1917
- Birmingham Southern R. Co. v. HarrisonSupreme Court of Alabama · 1919
68 more not listed; retrieve them via the Exa API.