Jackson Lumber Co. v. Cunningham
Supreme Court of Alabama
Appeal from the Circuit Court of Chilton. Tried before the lion. N. I). Denson. This action was brought by the appellee, Lola Cunningham, as administratrix of the estate of Norman Cunningham, deceased, against the appellant, the E. E. Jackson Lumber Company, to recover damages for the alleged negligent killing of the plaintiff’s intestate. The complaint as originally filed, contained ' four counts.
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Appeal from the Circuit Court of Chilton. Tried before the lion. N. I). Denson. This action was brought by the appellee, Lola Cunningham, as administratrix of the estate of Norman Cunningham, deceased, against the appellant, the E. E. Jackson Lumber Company, to recover damages for the alleged negligent killing of the plaintiff’s intestate. The complaint as originally filed, contained ' four counts. During the trial of the case and after the introduction of all the evidence, the plaintiff amended her complaint by striking out the 1st, 3rd and 4th counts of the complaint. The substance of the…
1Opinion of the CourtSHAIiPE, J.
Plaintiff’s intestate.was killed by the dei-ailment of a locomotive engine lie was running on a railway operated by the defendant while in defendant’s service as an engineer. The action is! under the employers’ liability statute (Cede, §§ 1749, 1751) and by the count constituting the amended complaint, the death is attributed to “a defect in the condition of the ways, works, machinery or plant used in or connected with the said business of defendant, which said defect arose from or had not been discovered or remedied, owing to the negligence of defendant or of some person in the service or…
2Cases cited4 opinions
- Geo. Pacific Railway Co. v. DavisSupreme Court of Alabama · 1890
- Louisville & Nashville Railroad v. HawkinsSupreme Court of Alabama · 1890
- Highland Avenue & Belt Railroad v. MillerSupreme Court of Alabama · 1898
- Mobile, Jackson & Kansas City Railroad v. RileySupreme Court of Alabama · 1898
3Cited by31 opinions
- Citizen's L. H. & P. Co. v. LeeSupreme Court of Alabama · 1913
- Woodward Iron Co. v. MarbutSupreme Court of Alabama · 1913
- Malone Freight Lines, Inc. v. McCardleSupreme Court of Alabama · 1964
- Huyck v. McNerneySupreme Court of Alabama · 1909
- West Pratt Coal Co. v. AndrewsSupreme Court of Alabama · 1901
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