Alabama Consolidated C. & I. Co. v. Heald
Supreme Court of Alabama
Appeal from Etowah Circuit Court. Heard before Ron. John W. Inzer. Action by Ada V. Heald, as administratrix, for damages for the death of her intestate, an employee, against the Alabama Consolidated Coal & Iron Company. Judgment for plaintiff, and defendant appeals.
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Appeal from Etowah Circuit Court. Heard before Ron. John W. Inzer. Action by Ada V. Heald, as administratrix, for damages for the death of her intestate, an employee, against the Alabama Consolidated Coal & Iron Company. Judgment for plaintiff, and defendant appeals. The following was the" complaint on which the case-was tried: Count 2; “Plaintiff, who sues as administratrix of the estate of R. W. Heald, deceased, claims of the-defendant, a body corporate doing business in Etowah county, state of Alabama, $30,000 damages, for that on, to wit, April 11, 1905, plaintiff’s intestate, while in…
1Opinion of the CourtMayfield, J.
This is the third appeal in this case. A statement of the. facts, and some of the questions of law involved on this appeal, may be found in the reports of the former appeals. See 154 Ala. 580, 45 South. 686; 168 Ala. 626, 53 South. 162.
The case was finally tried on two counts, 3 and 5, and at the conclusion of the trial count A was added. Each count declared under the third subdivision of the em*268ployer’s liability act (Code 1907, § 8910) Counts 3 and 5 are almost identical, and count A differs from those only in alleging that the noxious gases were in pipes, and not liberated in the mine, as…
2Cases cited4 opinions
- Alabama Consolidated Coal & Iron Co. v. HealdSupreme Court of Alabama · 1908
- Alabama Consolidated Coal & Iron Co. v. HealdSupreme Court of Alabama · 1910
- Pioneer Mining & Mfg. Co. v. SmithSupreme Court of Alabama · 1907
- Woodstock Iron Works v. KlineSupreme Court of Alabama · 1907
3Cited by17 opinions
- Birmingham Southern R. Co. v. HarrisonSupreme Court of Alabama · 1919
- Louisville N. R. Co. v. ScottSupreme Court of Alabama · 1935
- INTERNATIONAL UNION, ETC. v. RussellSupreme Court of Alabama · 1956
- Carraway v. GrahamSupreme Court of Alabama · 1928
- Bone v. StateAlabama Court of Appeals · 1913
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