Smith v. Woolf
Supreme Court of Alabama
Appeal from Jefferson Circuit Court. Heard before Hon. A. .0. Lane. Action by D. G. Woolf against R. D. Smith, brought under section 2917, Code 1896. Judgment for plaintiff and defendant appeals. The pleading and the facts sufficiently appear in the opinion of the court and in a former report of this case (Wolff V: Smith, 149 Ala. 457, 42 South. 824, 9 L. R. A. (N. S.) 888), to- which reference is here made.
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Appeal from Jefferson Circuit Court. Heard before Hon. A. .0. Lane. Action by D. G. Woolf against R. D. Smith, brought under section 2917, Code 1896. Judgment for plaintiff and defendant appeals. The pleading and the facts sufficiently appear in the opinion of the court and in a former report of this case (Wolff V: Smith, 149 Ala. 457, 42 South. 824, 9 L. R. A. (N. S.) 888), to- which reference is here made. The following charges were refused to the defendant: (1) “Even though the jury should believe from the evidence that the defendant failed to comply with section 2917 of the Code of 189.6…
1Opinion of the CourtDenson, J.
The complaint contained several counts, but all were eliminated, by demurrers sustained, and charges given, except the third count as amended, which is in the following language: “Plaintiff claims of the defendant $20,000 damages, in this, that on, to-wit, the 3d day of February, 1904, defendant was operating a coal mine called ‘Bradford mine,’ in Jefferson county, Ala., that plaintiff was working in said mine as an employe of said defendant, and while at work therein was injured and damaged as is more particularly set out in the first count of this complaint. And plaintiff avers that it was…
2Cases cited12 opinions
- Holden v. HardySupreme Court of the United States · 1898
- Orient Insurance v. DaggsSupreme Court of the United States · 1899
- Missouri Pacific Railway Co. v. MacKeySupreme Court of the United States · 1888
- Miller v. StateSupreme Court of Alabama · 1894
- State ex rel. Astor v. Schlitz Brewing Co.Tennessee Supreme Court · 1900
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3Cited by16 opinions
- Davis v. Florida Power Co.Supreme Court of Florida · 1912
- Denson v. Alabama Fuel & Iron Co.Supreme Court of Alabama · 1916
- Jones v. BP Oil Co., Inc.Supreme Court of Alabama · 1993
- Ramos v. FellSupreme Court of Alabama · 1961
- Ewart Lumber Co. v. American Cement Plaster Co.Alabama Court of Appeals · 1913
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