Wilson v. Gulf States Steel Co.
Supreme Court of Alabama
Appeal from Etowah Circuit Court. Heard, before Hon. James E. Blackwood. Action by H. T. Wilson, administrator, against the Gulf States Steel Company. Judgment for defendant, and plaintiff appeals. •The allegations of counts 1, 2, 3, and 4, and counts 5 and 14, sufficiently appear from the opinion.
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Appeal from Etowah Circuit Court. Heard, before Hon. James E. Blackwood. Action by H. T. Wilson, administrator, against the Gulf States Steel Company. Judgment for defendant, and plaintiff appeals. •The allegations of counts 1, 2, 3, and 4, and counts 5 and 14, sufficiently appear from the opinion. The following counts allege: (6) Plaintiff avers that the death of his said intestate was proximately caused by reason of the negligence of some person in the service or employment of defendant, to whose orders and directions at the time of his injuries plaintiff’s intestate was bound to conform,…
1Opinion of the Court
THOMAS, J. —
Plaintiff in the court below stated his cause of action in counts numbered from 1 to 18. Demurrers were sustained to counts' 1, 2, 3, 4, 5, 6, 7, 8, 14, 15, 16, and 18. The cause was submitted to the jury on counts 9, 10, 11, 12, 13, and 17. To these counts defendant filed three pleas, plea 1 being the general issue, and pleas 2 and 3 contributory negligence.(1) The first four assignments of error challenge the sustaining of the demurrer to counts 1, 2, 3, and 4. These counts were framed under the Employers’ Liability Act (section 3910, subd. 1, Code of 1907). They were drawn to…
2Cases cited27 opinions
- Osborne v. Alabama Steel & Wire Co.Supreme Court of Alabama · 1902
- Tennessee Coal, Iron & Railroad v. HerndonSupreme Court of Alabama · 1893
- Reiter-Connolly Mfg. Co. v. HamlinSupreme Court of Alabama · 1906
- Jackson Lumber Co. v. CunninghamSupreme Court of Alabama · 1904
- Robinson Mining Co. v. TolbertSupreme Court of Alabama · 1901
22 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Jackson v. VaughnSupreme Court of Alabama · 1920
- Clinton Mining Co. v. BradfordSupreme Court of Alabama · 1917
- MacKintosh Co. v. WellsSupreme Court of Alabama · 1928
- Wright v. McCordSupreme Court of Alabama · 1920
- Burnett Bean v. MillerSupreme Court of Alabama · 1921
8 more not listed; retrieve them via the Exa API.