Kelly v. Altoona Coal Co.
Supreme Court of Alabama
Appeal from Circuit Court, Etowah County; O. A. Steele, Judge. Action by S. A. Kelly against the Altoona Coal Company for damages for injuries suffered while engaged in his employment. Judgment for defendant, and plaintiff appeals.
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Appeal from Circuit Court, Etowah County; O. A. Steele, Judge. Action by S. A. Kelly against the Altoona Coal Company for damages for injuries suffered while engaged in his employment. Judgment for defendant, and plaintiff appeals. The following is common to all the counts: Plaintiff claims of the defendant $20,000 as damages for that heretofore, on, to wit, the 8th day of December, 1917, he was in the service and employment of the defendant, and while in said service and employment and engaged in and about the discharge of his duty as such employee in a certain coal mine then and there being…
1Dissent
In some of the counts of the complaint the plaintiff rests his right of action on the violation of the defendant of section 38 of the act of April 18, 1911, which provides:
"It shall be the duty of persons operating coal mines in this state to keep at a convenient place at or near the main entrance of the mine, or in the mines, a sufficient supply of props and other timbers useful for propping therein, of suitable lengths and sizes, for those working in such mines. It shall be the duty of those working in said mines who need props or other timbers to select and mark the same when needed for…
2Cases cited1 opinion
- Clark v. Choctaw Mining Co.Supreme Court of Alabama · 1918