Logan v. Central Iron & Coal Co.
Supreme Court of Alabama
Appeal from tbe Circuit Court of Bibb. Tried before the Hon. John Moore. This action was brought by the appellant, W. H. Logan, as administrator of the estate of William Alford, deceased, against the appellee, the Central Iron & Coal Company, to recover damages for injuries resulting in the death of the intestate, which was alleged to have been caused by the negligence of the defendant or its employees.
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Appeal from tbe Circuit Court of Bibb. Tried before the Hon. John Moore. This action was brought by the appellant, W. H. Logan, as administrator of the estate of William Alford, deceased, against the appellee, the Central Iron & Coal Company, to recover damages for injuries resulting in the death of the intestate, which was alleged to have been caused by the negligence of the defendant or its employees. The complaint as originally filed contained three counts of the complaint, and thereupon the plaintiff amended his complaint by adding three additional counts numbered 4, 5 and 6. The third…
1Opinion of the Court
HARALSON, J. —
1. The demurrer to the 3d count of the complaint was properly sustained. One of the grounds of demurrer was, that the count failed to show that defendant owed plaintiff’s intestate any duty at the time he was killed, etc. The count does not state that intestate was an employe of the defendant at the time he was killed, nor any fact, except, inferentially, that the defendant or its employes owed him any duty.
2. The second assignment of error is that the court overruled the motion to strike pleas 4 and 8. The only error insisted on, as to this ruling is, that “these pleas denied…
2Cases cited5 opinions
- McGoon v. ScalesSupreme Court of the United States · 1870
- Miller v. Irby's Adm'rSupreme Court of Alabama · 1879
- Pollard v. American Freehold Land Mortgage Co.Supreme Court of Alabama · 1893
- Butler v. GazzamSupreme Court of Alabama · 1886
- Cotton v. WardSupreme Court of Alabama · 1871
3Cited by16 opinions
- Carr v. Illinois Central R. R.Supreme Court of Alabama · 1912
- Ingalls Iron Works Company v. IngallsDistrict Court, N.D. Alabama · 1959
- Ex Parte Textile Workers Union of AmericaSupreme Court of Alabama · 1947
- Alabama Steele & Wire Co. v. ClementsSupreme Court of Alabama · 1906
- Hicks v. StateAlabama Court of Appeals · 1917
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