Woodward Iron Co. v. Steel
Supreme Court of Alabama
Appeal from Bessemer City Court. Heard before Hon. J. C. B. Gwin. Action by Mike Steel against the Woodward Iron Company. From a judgment for plaintiff, defendant appeals. Transferred from Court of Appeals, under section 6, Acts 1911, p. 449. The following are the grounds of demurrer to count 1: It does not appear that there was any breach of duty on the part of defendant to plaintiff. It does not appear that the act of Fred Huey was negligent in point of fact.
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Appeal from Bessemer City Court. Heard before Hon. J. C. B. Gwin. Action by Mike Steel against the Woodward Iron Company. From a judgment for plaintiff, defendant appeals. Transferred from Court of Appeals, under section 6, Acts 1911, p. 449. The following are the grounds of demurrer to count 1: It does not appear that there was any breach of duty on the part of defendant to plaintiff. It does not appear that the act of Fred Huey was negligent in point of fact. It does not appear that Huey knew that plaintiff was upon the car, or that he was in a position of peril. It is vague, indefinite,…
1Opinion of the CourtGardner, J.
Appellee brought suit against appellant to recover damages for personal injuries sustained by him while in its employment. The case went to the jury on the first count alone; counts 2 and 3 having been withdrawn.(1) It was alleged in the first count that, while the plaintiff was engaged in the discharge of the duties of his employment, he was caught between a locomotive upon a railway track (upon which track defendant operated cars propelled by a locomotive, in connection with its regular business) and a construction known as a “walkway,” Avhereby he Avas crushed and bruised; that his injury…
2Cases cited7 opinions
- Alabama Steel & Wire Co. v. GriffinSupreme Court of Alabama · 1907
- Louisville & Nashville Railroad v. BouldinSupreme Court of Alabama · 1895
- Birmingham Railway L. & Power Co. v. ParkerSupreme Court of Alabama · 1908
- Daniels v. CarneySupreme Court of Alabama · 1906
- Woodward Iron Co. v. LewisSupreme Court of Alabama · 1911
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3Cited by5 opinions
- Mutual Loan Soc., Inc. v. StoweAlabama Court of Appeals · 1916
- Van Derveer v. Strickland Bros. MacH. Co.Alabama Court of Appeals · 1919
- Birmingham MacHine & Foundry Co. v. WalpoleSupreme Court of Alabama · 1918
- Morrison v. ClarkAlabama Court of Appeals · 1916
- Walker v. St. Louis-San Francisco Ry. Co.Supreme Court of Alabama · 1926