Burnwell Coal Co. v. Setzer
Supreme Court of Alabama
Appeal from Walker Circuit Court. Heard before Hon. J. J. Curtis. Action by Russ Setzer, as administrator, against the Burnwell Coal Company, for damages for the death of his intestate. Judgment for plaintiff, and defendant appeals.
Read the full summary
Appeal from Walker Circuit Court. Heard before Hon. J. J. Curtis. Action by Russ Setzer, as administrator, against the Burnwell Coal Company, for damages for the death of his intestate. Judgment for plaintiff, and defendant appeals. Count 1 alleges that Roy Setzer, the deceased, was employed by the defendant company as a trapper or laborer in the mines of said company, and that it was the duty of the company to provide and maintain a reasonably safe place for said Setzer to work, and that the defendant company unmindful of its said duty, negligently failed to - provide a reasonably safe place…
1Opinion of the CourtMcCLELLAN, J.
Plaintiff’s intestate, a boy about 15 years of age, was killed on March 21, 1911, while in the employ and service of the defendant (appellant) in its operation of a coal mine. The cause of his death was a trip of coal cars, which, while being hauled up the slope, got loose and ran back down the slope upon him. The counts passing to the jury were those numbered 1, 11, and 15, and one lettered A. The first count ascribed intestate’s wrongful death to negligence in respect of the safety of the place in which he worked. The eleventh count was framed under the first subdivision of the Liability…
2Cases cited15 opinions
- Parrish v. StateSupreme Court of Alabama · 1903
- Birmingham R. L. & P. Co. v. SaxonSupreme Court of Alabama · 1912
- Alabama Consolidated Coal & Iron Co. v. HealdSupreme Court of Alabama · 1910
- McNamara v. LoganSupreme Court of Alabama · 1893
- Long Distance Telephone & Telegraph Co. v. SchmidtSupreme Court of Alabama · 1908
10 more not listed; retrieve them via the Exa API.
3Cited by44 opinions
- Clinton Mining Co. v. BradfordSupreme Court of Alabama · 1917
- Miller v. WhittingtonSupreme Court of Alabama · 1918
- Woodmen of the World v. AlfordSupreme Court of Alabama · 1920
- Thaggard v. VafesSupreme Court of Alabama · 1928
- Louis Pizitz Dry Goods Co. v. CusimanoSupreme Court of Alabama · 1921
39 more not listed; retrieve them via the Exa API.