King v. Woodward Iron Co.
Supreme Court of Alabama
Appeal from Birmingham City Court. Heard before Hon. Charles W. Ferguson. Action by Lela King and others, as administrators of the estate of George King, deceased, against the Woodward Iron Company for damages for death of their intestate while in the employment of the defendant. Judgment for defendant, and plaintiffs appeal. The substance of the complaint is sufficiently set out in the opinion.
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Appeal from Birmingham City Court. Heard before Hon. Charles W. Ferguson. Action by Lela King and others, as administrators of the estate of George King, deceased, against the Woodward Iron Company for damages for death of their intestate while in the employment of the defendant. Judgment for defendant, and plaintiffs appeal. The substance of the complaint is sufficiently set out in the opinion. The following pleas, to which demurrers were overruled, are assigned: “Defendant avers that plaintiff’s intestate was guilty of negligence which proximately contributed to the injuries sustained by…
1Opinion of the CourtMayfield, J.
This action is under the Employer’s Liability Act (Code 1907, § 3910) to recover damages for the wrongful death of a servant of the defendant.
The complaint contained 12 counts. Each count alleged that the servant was employed to mine iron ore, and was killed upon a tram track used for hauling the ore from the mine, by being stricken by one of the tram cars used upon this track, and that when he was killed he was coming out of the mine, and was walking upon this tram track.
The defendant pleaded the general issue and assumption of risk and contributory negligence on the part of plaintiffs’…
2Cases cited12 opinions
- Alabama Great Southern Railroad v. HallSupreme Court of Alabama · 1894
- Mary Lee Coal & Railway Co. v. ChamblissSupreme Court of Alabama · 1892
- Woodward Iron Co. v. AndrewsSupreme Court of Alabama · 1896
- Foley v. Pioneer Min. & Mfg. Co.Supreme Court of Alabama · 1906
- Knight v. CooperWest Virginia Supreme Court · 1892
7 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- MacKintosh Co. v. WellsSupreme Court of Alabama · 1928
- McGeever v. O'ByrneSupreme Court of Alabama · 1919
- Louisville N. R. Co. v. ParkerSupreme Court of Alabama · 1931
- Alabama Great Southern Ry. Co. v. SkotzySupreme Court of Alabama · 1916
- Marbury Lumber Co. v. JonesSupreme Court of Alabama · 1921
3 more not listed; retrieve them via the Exa API.