Woodward Iron Co. v. Wade
Supreme Court of Alabama
Appeal from Birmingham City Court. Heard before Hon. John C. Pugh. Action by John Wade against the Woodward Iron Company. Prom a judgment for plaintiff, defendant appeals.
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Appeal from Birmingham City Court. Heard before Hon. John C. Pugh. Action by John Wade against the Woodward Iron Company. Prom a judgment for plaintiff, defendant appeals. The complaint is framed under subdivision 3 of the Employers’ Liability Act, and alleges that plaintiff was injured, while working for defendant in its coal mine, by rock and coal falling upon him, which was proximately due to the negligence of defendant’s superintendent, one Henderson, in ordering plaintiff to put •the entry in which he was working on center. Besides the general issue, defendant filed several pleas setting…
1Opinion of the Court
SOMERVILLE, J.(1) The burden of proof is on the plaintiff to show that the master’s order, in the execution of which he Avas injured, Avas a negligent order, under the circumstances, or he cannot recover under the third subdivision of the Employers’ Act (Code, § *6573910). That is to say, it must have been reasonably apparent to the master, or his vice principal who gave the order, under the condition as he knew or ought to have known them, that the servant’s execution of his command would expose the servant to some peril, beyond the ordinary risks of his service, and against which ordinary…
2Cases cited8 opinions
- Louisville & Nashville R. R. v. WilliamsSupreme Court of Alabama · 1911
- Tobler v. Pioneer Mining & Mfg. Co.Supreme Court of Alabama · 1909
- Warble v. Sulzberger Co. of AmericaSupreme Court of Alabama · 1914
- Continental Gin Co. v. MilbratAlabama Court of Appeals · 1914
- Western Union Telegraph Co. v. JonesSupreme Court of Alabama · 1914
3 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Dwight Manufacturing Co. v. HolmesSupreme Court of Alabama · 1916
- Louisville N. R. Co. v. ParkerSupreme Court of Alabama · 1931
- Alabama G. S. R. R. v. FlinnSupreme Court of Alabama · 1917
- Standard Cooperage Co. v. DearmanSupreme Court of Alabama · 1920
- Seagle v. Stith Coal Co.Supreme Court of Alabama · 1918
7 more not listed; retrieve them via the Exa API.