United States Rolling Stock Co. v. Weir
Supreme Court of Alabama
Appeal from the City Court of Anniston. • Tried before the Hon. B. F. Cahsady. This was an action by Annie Weir, as the administratrix of the estate of Charles Y. Weir, deceased, against the United States Bolling Stock Company, a corporation, to recover damages for the alleged negligence which caused the death of the intestate.
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Appeal from the City Court of Anniston. • Tried before the Hon. B. F. Cahsady. This was an action by Annie Weir, as the administratrix of the estate of Charles Y. Weir, deceased, against the United States Bolling Stock Company, a corporation, to recover damages for the alleged negligence which caused the death of the intestate. The complaint alleged that the deceased was in the employ of the defendant as a watchman at its car-works; that it was part of his duty as such watchman to take care of a certain pipe leading to the boilers in said works, and to see that no. steam should be wasted…
1Opinion of the CourtStone, C. J.
The City Court did not err in overruling defendant’s demurrer to the complaint. As we understand the pleader, the principal defect complained of was the narrow plank — the “way” by which the defective and leaking-pipe was to be reached. If it was part of the duty of plaintiff’s intestate to look after the pipe in question, and to stop the leak should one occur, it can not he questioned that a single plank, such as is described in the complaint, afforded a very insecure foot-way, at the height the testimony shows it to have been placed. The complaint is sufficient.- — Code of 1886, § 2590.…
2Cases cited4 opinions
- Lucas v. PittmanSupreme Court of Alabama · 1891
- Seaboard Manuf'g Co. v. WoodsonSupreme Court of Alabama · 1891
- Woosley v. Memphis & Charleston RailroadSupreme Court of Alabama · 1856
- Wagnon v. TurnerSupreme Court of Alabama · 1882
3Cited by16 opinions
- Malott v. SampleIndiana Supreme Court · 1905
- Wright v. StateSupreme Court of Alabama · 1902
- St.Louis & S. F. R. R. v. SuttonSupreme Court of Alabama · 1910
- Ex Parte Textile Workers Union of AmericaSupreme Court of Alabama · 1947
- Ferrell v. City of OpelikaSupreme Court of Alabama · 1905
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