Porter v. Tennessee Coal, Iron & Railway Co.
Supreme Court of Alabama
Appeal from Birmingham City Court. Heard before Hon. Charles W. Ferguson. Action by Leanna Porter, administratrix of Ira Porter, deceased, against the Tennessee Coal, Iron & Railroad Company. From a judgment for defendant, plaintiff appeals. The complaint contains 11 counts, the first being under the Employers’ Liability Act (Code 1907, § 3910), and counting on the negligence of the superintendent.
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Appeal from Birmingham City Court. Heard before Hon. Charles W. Ferguson. Action by Leanna Porter, administratrix of Ira Porter, deceased, against the Tennessee Coal, Iron & Railroad Company. From a judgment for defendant, plaintiff appeals. The complaint contains 11 counts, the first being under the Employers’ Liability Act (Code 1907, § 3910), and counting on the negligence of the superintendent. The second, third, fourth, and fifth counts declare on the negligence of the defendant for not securing the roof of the mine so as to render it safe, and in negligently' allowing the slate to fall…
1Opinion of the CourtSimpson, J.
This action is brought by the appellant for the death of her intestate, Ira Porter, who came to his death by the falling in of a quantity of slate from the roof of the mine in which said intestate was working.
The general charge was properly given in regard to the wanton counts of the complaint, as there is no evidence tending to show willful, wanton, or intentional misconduct on the part of the defendant. This eliminates all questions, raised on pleadings or otherwise, in regard to those counts.
The demurrer to plea 3 should have been sustained. When a plea is stated in the alternative, each…
2Cases cited6 opinions
- Osborne v. Alabama Steel & Wire Co.Supreme Court of Alabama · 1902
- Mobile & Birmingham Railway Co. v. HolbornSupreme Court of Alabama · 1887
- Foley v. Pioneer Min. & Mfg. Co.Supreme Court of Alabama · 1906
- Tutwiler Coal, Coke & Iron Co. v. FarringtonSupreme Court of Alabama · 1905
- Green v. Bessemer Coal, I. & Land Co.Supreme Court of Alabama · 1909
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Clinton Mining Co. v. BradfordSupreme Court of Alabama · 1917
- Alabama Iron & Fuel Co. v. BenenanteAlabama Court of Appeals · 1914
- Connors-Weyman Steel Co. v. KilgoreSupreme Court of Alabama · 1914
- Daves v. RainSupreme Court of Alabama · 1937
- Wilson v. Gulf States Steel Co.Supreme Court of Alabama · 1915
7 more not listed; retrieve them via the Exa API.