Little Cahaba Coal Co. v. Arnold
Supreme Court of Alabama
Appeal from Circuit Court, Bibb County; F. Lloyd Tate, Judge. Action by Emma Arnold against the Little Oahaba Coal Company, for damages for the death of her husband. Judgment for the plaintiff, and the defendant appeals. Plaintiff’s husband, 23 years of age, was a coal miner of several years’ experience, and while at work in defendant’s mine, where he was employed in driving a dip heading, was killed by a fall of rock from the roof of the-mine.
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Appeal from Circuit Court, Bibb County; F. Lloyd Tate, Judge. Action by Emma Arnold against the Little Oahaba Coal Company, for damages for the death of her husband. Judgment for the plaintiff, and the defendant appeals. Plaintiff’s husband, 23 years of age, was a coal miner of several years’ experience, and while at work in defendant’s mine, where he was employed in driving a dip heading, was killed by a fall of rock from the roof of the-mine. The complaint as originally drawn up contained four counts. Demurrers of the defendant were sustained to count 1, and plaintiff amended the complaint…
1Opinion of the CourtSomerville, J.
[1] The judgment entry shows that defendant’s pleas numbered 1 to 9, including several which had been eliminated by demurrers sustained, were all refilled after plaintiff amended her complaint, and that issue was joined on all of them. Under this recital, all of the pleas were in the case, notwithstanding that demurrers had been sustained- to some of them when originally filed; and, in so far as any of them were supported by the evidence, it could not be disregarded by the trial court in its instructions to the jury upon the issues before them.
[2] In stating to the jury the respective…
2Cases cited11 opinions
- Mary Lee Coal & Railway Co. v. ChamblissSupreme Court of Alabama · 1892
- Seaboard Manuf'g Co. v. WoodsonSupreme Court of Alabama · 1891
- Birmingham Mineral Railroad v. WilmerSupreme Court of Alabama · 1892
- Gilley v. DenmanSupreme Court of Alabama · 1913
- Louisville & Nashville R. R. v. LoweSupreme Court of Alabama · 1908
6 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- City of Birmingham v. LathamSupreme Court of Alabama · 1935
- Louisville Nashville Railroad Co. v. RichardsonSupreme Court of Alabama · 1970
- Franklin Fire Ins. Co. v. SlatonSupreme Court of Alabama · 1938
- Alabama Fuel & Iron Co. v. MinyardSupreme Court of Alabama · 1923
- Selman v. MooreAlabama Court of Appeals · 1944