Southern Iron & Steel Co. v. Boston
Supreme Court of Alabama
Appeal from Bessemer City Court. Heard before Hon. J. C. B. Gwin. Action by Mrs. Mattie Boston, as administratrix, against the Southern Iron & Steel Company for damages for the death of her intestate. Judgment for plaintiff, and defendant appeals.
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Appeal from Bessemer City Court. Heard before Hon. J. C. B. Gwin. Action by Mrs. Mattie Boston, as administratrix, against the Southern Iron & Steel Company for damages for the death of her intestate. Judgment for plaintiff, and defendant appeals. Count A is as follows: “Plaintiff claims of defendant * * * the sum of * ' * * as damages for that, on to wit, June 5, 1912, defendant,was operating a coal mine * * * and plaintiff’s intestate was in its service and employment as a machinist, and plaintiff avers that on said day and date while her intestate was in the performance of his duties, and…
1Opinion of the CourtAnderson, C. J.
Count A attempts to state a cause of action under the common law for a failure by the defendant to exercise reasonable care in furnishing the plaintiff's intestate with a reasonably safe place to work, but does not charge any inherent defect or danger in the plant, ways, or works, or any other neglect by the master in the performance or discharge of a nondelegable duty. In other words, the negligence ascribed was the failure to discharge, by some servant, the delegable duty of properly or sufficiently fastening the cable to the trip or chain. The cable may be a part of the plant, ways, or…
2Cases cited3 opinions
- Reiter-Connolly Mfg. Co. v. HamlinSupreme Court of Alabama · 1906
- Caldwell-Watson F. & M. Co. v. WatsonSupreme Court of Alabama · 1913
- Sloss-Sheffield Steel & Iron Co. v. DobbsSupreme Court of Alabama · 1914
3Cited by2 opinions
- Foreman v. Dorsey Trailers, Inc.Supreme Court of Alabama · 1951
- Thomas Furnace Co. v. CarrollSupreme Court of Alabama · 1920