Merriweather v. Sayre Mining & Mfg. Co.
Supreme Court of Alabama
Appeal from Birmingham City Court. Heard before Hon. E. M. Hamil, Special Judge. Action by Wm. Meriweather, as administrator, against the Sayre Mining & Manufacturing Company for the negligent death of his intestate. From a judgment for defendant, plaintiff appeals.
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Appeal from Birmingham City Court. Heard before Hon. E. M. Hamil, Special Judge. Action by Wm. Meriweather, as administrator, against the Sayre Mining & Manufacturing Company for the negligent death of his intestate. From a judgment for defendant, plaintiff appeals. The complaint as amended is as follows: Count 13: “Plaintiff claims of the defendant the sum of $20,000 as damages, for that heretofore, on, to wit, the 21st day of January, 1904, at which time defendant was running and operating a certain coal mine at or near Littleton, in Jefferson county, Alabama, his intestate, an employe of…
1Opinion of the Court
McCLELLAN, J.-
The demurrers to counts 13, 14 and 15 of the ¡complaint as 'amended 'were properly sustained for three reasons, pretermitting others asserted : To count 13, because the duty to afford the servant a reasonably safe place in which to work is not unqualified, as is alleged in the count, but that duty is met when reasonable care and skill is exercised that such reasonably safe place may be afforded. To counts 14 and 15, because the negligence ascribed is not averred to have been the proximate cause of the injury complained of, nor are the facts and circumstances so pleaded as to…
2Cases cited8 opinions
- Ala. Great Southern Railroad v. FrazierSupreme Court of Alabama · 1890
- Birmingham Railway & Electric Co. v. BowersSupreme Court of Alabama · 1895
- Osborne v. Alabama Steel & Wire Co.Supreme Court of Alabama · 1902
- Reiter-Connolly Mfg. Co. v. HamlinSupreme Court of Alabama · 1906
- Harris v. McNamaraSupreme Court of Alabama · 1892
3 more not listed; retrieve them via the Exa API.
3Cited by35 opinions
- Birmingham Amusement Co. v. NorrisSupreme Court of Alabama · 1927
- Alabama Power Co. v. BassSupreme Court of Alabama · 1928
- Feore v. TrammelSupreme Court of Alabama · 1924
- Huyck v. McNerneySupreme Court of Alabama · 1909
- B'ham Ry. L. & P. Co. v. NicholasSupreme Court of Alabama · 1913
30 more not listed; retrieve them via the Exa API.