Legal Opinion

Holland v. Tenn. Coal, Iron & Railroad

Supreme Court of Alabama

Decided November 15, 1890PublishedCited by 41 opinions

Appeal from the Circuit Court of J efferson. Tried before the Hon. James B. Head. This action was brought by James T. Holland, as administratrator of the estate of Columbus Jones, deceased, against the Tennessee Coal, Iron & Railroad Company, a corporation engaged in operating a furnace at Ensley, to recover damages for the alleged negligence of the defendant, which caused the death of the intestate, and was commenced on the 8th September, 1888. The complaint contained three…

Read the full summary

Appeal from the Circuit Court of J efferson. Tried before the Hon. James B. Head. This action was brought by James T. Holland, as administratrator of the estate of Columbus Jones, deceased, against the Tennessee Coal, Iron & Railroad Company, a corporation engaged in operating a furnace at Ensley, to recover damages for the alleged negligence of the defendant, which caused the death of the intestate, and was commenced on the 8th September, 1888. The complaint contained three counts, which alleged, in substance, that the injuries were caused by the defendant’s negligence, (1) in operating the…

1Opinion of the CourtMcCLELLAN, J.

This is an action for damages for personal injuries to appellant’s intestate, resulting in his death. The complaint contains three counts, each of which relies upon the negligence of the deiendant company, and not upon that of fellow-servants. The case is, therefore, not bought under the employer’s act (Code, §§ 2590 et seq.) The first count alleges that the defendant, being engaged in the business of operating a furnace for the purpose of smelting iron ore, so negligently conducted said business as to cause molten iron to come in contact with the person of plaintiff’s intestate, inflicting…

2Cases cited11 opinions

  1. Smith v. Peninsular Car WorksMichigan Supreme Court · 1886
  2. Louisville & Nashville Railroad v. Allen's Adm'rSupreme Court of Alabama · 1885
  3. Georgia Pacific Railway Co. v. PropstSupreme Court of Alabama · 1887
  4. Mobile & Ohio R. R. v. ThomasSupreme Court of Alabama · 1868
  5. Potter v. Chicago & North-Western Railway Co.Wisconsin Supreme Court · 1867

6 more not listed; retrieve them via the Exa API.

3Cited by41 opinions

  1. Gentry v. Swann Chemical Co.Supreme Court of Alabama · 1937
  2. City of Tulsa v. HarmanSupreme Court of Oklahoma · 1931
  3. Ala. Great Southern Railroad v. FrazierSupreme Court of Alabama · 1890
  4. Kansas City, Memphis & Birmingham Railroad v. BurtonSupreme Court of Alabama · 1892
  5. Richmond & Danville Railroad v. FarmerSupreme Court of Alabama · 1892

36 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API