Western Steel Car & Foundry Co. v. Bean
Supreme Court of Alabama
Appeal from Anniston City Court. Heard before Hon. Thomas W. Coleman, Jr., Action by W. J. Bean, an employe, against the Western Steel, Car & Foundry Company, for damages to personal injury.
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Appeal from Anniston City Court. Heard before Hon. Thomas W. Coleman, Jr., Action by W. J. Bean, an employe, against the Western Steel, Car & Foundry Company, for damages to personal injury. Judgment for plaintiff in the sum of fl,600.00, and defendant appeals. burden of proof was on the plaintiff to show that there Avas a defect in the ways, works, machinery or plant of the defendant, and that on account of such defect, the plaintiff sustained the injuries complained of. — L. & N. v. Binion, 98 Ala. 570; McDonald v. Montgomery St. Ry., 110 Ala. 161; L. & N. v. Allen, 78 Ala. 494. The…
1Opinion of the Court
MAYFIELD, J.-
Appellee was a servant of appellant, and. sues to recover damages for personal injuries. The complaint contained four counts, but demurrers were sustained to the second and third, and no question is raised as to the pleadings; hence these counts need not be noticed.
The first count was clearly under the first subdivision of the employer’s liability act (Code 1907, § 3910), and the fourth probably sought to recover on the common-law liability of the master to furnish the servant a sáfe place in which to work, though it contains some averments necessary to state a. cause of action…
2Cases cited17 opinions
- Geo. Pacific Railway Co. v. DavisSupreme Court of Alabama · 1890
- Sharp v. HallSupreme Court of Alabama · 1888
- Birmingham Union Railway Co. v. HaleSupreme Court of Alabama · 1890
- Richmond & Danville Railroad v. FarmerSupreme Court of Alabama · 1892
- Alabama Great Southern Railroad v. BaileySupreme Court of Alabama · 1895
12 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Citizen's L. H. & P. Co. v. LeeSupreme Court of Alabama · 1913
- Alabama Power Co. v. EdwardsSupreme Court of Alabama · 1929
- Hamilton v. DotyNew Mexico Supreme Court · 1958
- Lowery v. JonesSupreme Court of Alabama · 1929
- Birmingham Ry., Light & Power Co. v. HuntSupreme Court of Alabama · 1917
6 more not listed; retrieve them via the Exa API.