New Connellsville C. & C. Co. v. Kilgore
Alabama Court of Appeals
Appeal from Bessemer City Court. Heard before Hon. William Jackson. Action by Robert Kilgore against the New Connellsville Coal & Coke Company, for personal injuries. Judgment for plaintiff, and defendant appeals. By reference tp a former report of this case, in 162 Ala. 612, 50 South. 205, counts 3, 1, 5, and 6 will be found substantially stated. Count 1 is as follows: “Plaintiff claims of defendant the sum of $10,000 as damages.”
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Appeal from Bessemer City Court. Heard before Hon. William Jackson. Action by Robert Kilgore against the New Connellsville Coal & Coke Company, for personal injuries. Judgment for plaintiff, and defendant appeals. By reference tp a former report of this case, in 162 Ala. 612, 50 South. 205, counts 3, 1, 5, and 6 will be found substantially stated. Count 1 is as follows: “Plaintiff claims of defendant the sum of $10,000 as damages.” Same as count 3, shown in former report, down to and including the words, “he was permanently injured and disabled,” and adds: “And plaintiff avers that his said…
1Opinion of the Court
de GNAFFENNIED, J.
This suit was brought by the appellee to recover damages which the appellee claims he sustained while working as a servant for the appellant in a coal mine. It appears from the bill of exceptions that' there was a groove, or “skidway,” running from the top to the bottom of the airway in the mine. A bucket was raised and lowered to and from the bottom to the top of this “skidway” by means of a rope, which was attached to a drum in the engine room at the mouth of the mine, and which was operated by the engine. Nunning along the side of the skidway was a wire, which was…
2Cases cited10 opinions
- Warden v. Louisville & Nashville RailroadSupreme Court of Alabama · 1891
- Smith v. WatkinsSupreme Court of Alabama · 1911
- Nuckols v. StateSupreme Court of Alabama · 1895
- New Connellsville C. &. C. Co. v. KilgoreSupreme Court of Alabama · 1909
- Birmingham Railway Light & P. Co. v. McLainSupreme Court of Alabama · 1909
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3Cited by2 opinions
- United States Health & Accident Ins. v. HillAlabama Court of Appeals · 1913
- Staton v. StateAlabama Court of Appeals · 1913