Birmingham Coal & Iron Co. v. Willis
Alabama Court of Appeals
Appeal from Jefferson Circuit Court. Heard before Hon. E. C. Crowe. . Action by Major Willis against the Birmingham Coal & Iron Company for damages for injuries while in its employ. Judgment for plaintiff and defendant appeals. The counts of the complaint were first, under the superintendence clause of the Employer’s Liability Act, and the others counted on a defect in the ways, works, machinery or plant, etc.
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Appeal from Jefferson Circuit Court. Heard before Hon. E. C. Crowe. . Action by Major Willis against the Birmingham Coal & Iron Company for damages for injuries while in its employ. Judgment for plaintiff and defendant appeals. The counts of the complaint were first, under the superintendence clause of the Employer’s Liability Act, and the others counted on a defect in the ways, works, machinery or plant, etc. The court was in error in permitting it to be shown that the defendant and the Maryland Casualty Company had an agreement whereby the Maryland Casualty Company would pay all or a…
1Opinion of the CourtWalker, P. J.
The charge that the plaintiff ivas injured as a proximate consequence of the negligence of a person in the service or employment of the defendant who was intrusted by it with superintendence and whilst in the exercise of such superintendence was sought to be supported by evidence of the negligence of one Joe Corunkle in turning'a blast into a furnace stove in which at the time the plaintiff ivas at work.
The evidence offered by the plaintiff was to the effect that Corunkle, as the foreman of what was called the “floating gang,” had superintendence over the plaintiff, and that the plaintiff was…
2Cases cited2 opinions
- Dantzler v. DeBardeleben Coal & Iron Co.Supreme Court of Alabama · 1893
- Smith v. Pioneer Mining & Mfg. Co.Supreme Court of Alabama · 1906
3Cited by1 opinion
- Bay Minette Land Co. v. StapletonSupreme Court of Alabama · 1932