Freeman v. Worthington
Supreme Court of Alabama
Appeal from Circuit Court, Jefferson County; Charles W. Ferguson, Judge. Action by Jim Freeman against Thomas Worthington. Judgment for defendant, and I>laintiff appeals. The plaintiff stated his case in several counts, the facts alleged in each being that he was employed by the defendant in his mine, and that a rock or other hard substance fell from tbe roof thereof, injuring him.
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Appeal from Circuit Court, Jefferson County; Charles W. Ferguson, Judge. Action by Jim Freeman against Thomas Worthington. Judgment for defendant, and I>laintiff appeals. The plaintiff stated his case in several counts, the facts alleged in each being that he was employed by the defendant in his mine, and that a rock or other hard substance fell from tbe roof thereof, injuring him. Count 3 alleged wanton or willful neglect in knowing the condition ■ of the roof, and that a rock would probably fall, and a wanton failure to remedy by propping, etc. Count A alleged the negligence of the servants…
1Opinion of the CourtBrown, J.
The affirmative charge as to count 3, requested by the defendant, was properly given. The evidence is not such as to warrant a recovery for wantonness.
[1] The plaintiff, when injured, was engaged in driving a heading in the defendant’s mine; and the evidence shows that he furnished his shooting material, employed and paid his help, and the defendant paid him an agreed price per load for the ore mined. The defendant maintained the ways and the roof of the mine, and furnished the trains for carrying the ore out of the mine to the wagon. The work was being done under the supervision of the…
2Cases cited7 opinions
- Louisville & Nashville R. R. v. HandleySupreme Court of Alabama · 1911
- Tennessee Coal Iron & R. R. v. BurgessSupreme Court of Alabama · 1908
- Little Cahaba Coal Co. v. GilbertSupreme Court of Alabama · 1912
- Sloss-Sheffield Steel & Iron Co. v. HubbardAlabama Court of Appeals · 1915
- Pioneer Mining & Mfg. Co. v. SmithSupreme Court of Alabama · 1907
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