Corona Coal & Iron Co. v. Spann
Supreme Court of Alabama
Appeal from Circuit Court, Walker County; T. L. Sowell, Judge. Action by Tom Spann against the Corona Coal & Iron Company. Judgment for plaintiff, and defendant appeals. Appellee, while working in the coal mine of the appellant, was injured by the falling of a rock from the roof of the mine, and brings this suit to recover damages therefor.
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Appeal from Circuit Court, Walker County; T. L. Sowell, Judge. Action by Tom Spann against the Corona Coal & Iron Company. Judgment for plaintiff, and defendant appeals. Appellee, while working in the coal mine of the appellant, was injured by the falling of a rock from the roof of the mine, and brings this suit to recover damages therefor. The cause was submitted to the jury upon count 3 only, which rests for recovery upon the breach of the statutory duties set out in section 38 of an act entitled “An act to regulate the mining of coal in Alabama.” Acts 1911, p. 500'. Said section relates…
1Opinion of the CourtGardner, J.
The evidence in regard to the operation of this mine and plaintiff’s connection therewith is very similar to that considered in the case of Amerson v. Corona Coal & Coke Co., 194 Ala. 175, 69 South. 601, and need not be here reviewed. A careful reading of the testimony here, in the light of the holding in the Amerson Case, supra, demonstrates, we think, that it was sufficient for the jury to infer that the appellant here was in fact- in the actual operation of the mine within the meaning of the act (Acts 1911, p. 500), on the day of the accident, as alleged in the complaint.
[1] Count 3, upon…
2Cases cited7 opinions
- Amerson v. Corona Coal & Iron Co.Supreme Court of Alabama · 1915
- Alverson v. Little Cahaba Coal Co.Supreme Court of Alabama · 1917
- Pratt Consolidated Coal Co. v. DavidsonSupreme Court of Alabama · 1911
- Black v. Roden Coal Co.Supreme Court of Alabama · 1912
- Stith Coal Co. v. SanfordSupreme Court of Alabama · 1915
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Corona Coal & Iron Co. v. SpannSupreme Court of Alabama · 1920