Pell City Manufacturing Co. v. Cosper
Supreme Court of Alabama
Injury to Servant. Appeal from St. Clair Circuit Court. Heard before Hou. John W. Inzer. Personal injury action by Robert F. Cosper against the Pell City Manufacturing Company. Judgment for plaintiff, and defendant appeals.
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Injury to Servant. Appeal from St. Clair Circuit Court. Heard before Hou. John W. Inzer. Personal injury action by Robert F. Cosper against the Pell City Manufacturing Company. Judgment for plaintiff, and defendant appeals. Tbe second count is as follows: “Plaintiff claims of the defendant the other and further sum of $10,000 as damages, for that the defendant was on, to wit, the 22d ■day of July, 1907, engaged in operating a cotton factory .at Pell City, Ala., and on said date had plaintiff in its ■employ, and plaintiff in discharge of his duties to the defendant attempted to oil a revolving…
1Opinion of the CourtEvans, J.
The complaint as originally filed contained a single count, and, on demurrer being sustained to it, the complaint was amended by the filing of an additional count numbered 2. This latter count was ■based on subdivision 1 of the employer’s liability statute (section 3910 of the Code of 1907). The injury ■complained of consisted in the loss of a part of plaintiff’s hand, and was received while he was attempting to oil a ventilator fan in the defendant’s cotton factory. The case was tried by the court below, without the intervention of a jury, on the plea of the general issue and special pleas…
2Cases cited1 opinion
- Chandler & Jones v. CrosslandSupreme Court of Alabama · 1899
3Cited by5 opinions
- Maryland Casualty Co. v. MayfieldSupreme Court of Alabama · 1932
- Sloss-Sheffield Steel & Iron Co. v. TerrySupreme Court of Alabama · 1914
- Birmingham Fuel Co. v. StocksAlabama Court of Appeals · 1915
- Germania Fire Ins. Co. v. KitchensSupreme Court of Alabama · 1918
- Wilson v. StateAlabama Court of Appeals · 1914