Tutwiler Coal, Coke & Iron Co. v. Enslen
Supreme Court of Alabama
Appeal from tbe Circuit Court of Jefferson. Tried 'before the Hon. A. A. Coleman. This was 'an action brought by diaries F. Enslen, as administrator of the estate of Delius Jones, against the Tutwiler Coal, Coke & Iron Co., to recover damages for the alleged negligent killing of plaintiff’s intestate in the defendant’s mines.
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Appeal from tbe Circuit Court of Jefferson. Tried 'before the Hon. A. A. Coleman. This was 'an action brought by diaries F. Enslen, as administrator of the estate of Delius Jones, against the Tutwiler Coal, Coke & Iron Co., to recover damages for the alleged negligent killing of plaintiff’s intestate in the defendant’s mines. The complaint as originally-filed contained five counts, hut the court gave the general affirmative charge in favor of the defendant on all of the counts in the complaint except the first. The first count of the complaint was in words and figures as follows: “Plaintiff…
1Opinion of the CourtHaralson, J.
1. The court gave the general charge in favor of defendant on all the counts in the complaint except the first, which count, as the appellant states in brief, is on the first subdivision of the employer’s liability act, providing for the liability of master or employer to servant or employe for injuries, “When the injury is caused by reason of any defect in the condition of the ways, works, machinery or plant connected with or used in the business of the master or employer.” — Code, § 1749, subdiv. 1.
There was a demurrer interposed to this count, upon several grounds; but there was no…
2Cases cited11 opinions
- Armstrong v. Montgomery Street Railway Co.Supreme Court of Alabama · 1898
- Louisville & Nashville Railroad v. OrrSupreme Court of Alabama · 1890
- Pratt Coal & Iron Co. v. BrawleySupreme Court of Alabama · 1887
- Alabama Great Southern Railroad v. DavisSupreme Court of Alabama · 1898
- Georgia Pacific Railroad v. PropstSupreme Court of Alabama · 1887
6 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Berdos v. Tremont & Suffolk MillsMassachusetts Supreme Judicial Court · 1911
- Autio v. MillerMontana Supreme Court · 1932
- Rolin v. . Tobacco Co.Supreme Court of North Carolina · 1906
- Jacksonville Electric Co. v. BowdenSupreme Court of Florida · 1907
- Adams Ex Rel. Adams v. State Board of EducationSupreme Court of North Carolina · 1958
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