Clinton Mining Co. v. Bradford
Supreme Court of Alabama
Appeal from City Court of Birmingham; John G. Pugh, Judge. Action by Sam Bradford against the Clinton Mining Company, for personal injury. Judgment for plaintiff, and defendant appeals. The first count charges that defendant was operating a mine in Jefferson county, Ala., and .that plaintiff was in the employment of defendant company, and at said time and place, while plaintiff .was engaged in the performance of his duties as such employé, he was injured as aforesaid.
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Appeal from City Court of Birmingham; John G. Pugh, Judge. Action by Sam Bradford against the Clinton Mining Company, for personal injury. Judgment for plaintiff, and defendant appeals. The first count charges that defendant was operating a mine in Jefferson county, Ala., and .that plaintiff was in the employment of defendant company, and at said time and place, while plaintiff .was engaged in the performance of his duties as such employé, he was injured as aforesaid. Count 5 adopts count 1 down to the allegation of negligence, and adds: ■ Owing- to the gross and wanton negligence of the…
1Opinion of the CourtThomas, J.
This is the second appeal in this cause. See report of first appeal (192 Ala. 576, 69 South. 4).
[1] The action was tried on issues tendered by counts 1 and 5. Each count sufficiently averred that at the time of plaintiff’s alleged injury he was acting within the line and scope of his employment with defendant. Ala. Fuel & Iron Co. v. Ward, 194 Ala. 242, 69 South. 621; St. L. & S. F. R. Co. v. Sutton, 169 Ala. 389, 401, 55 South. 989, Ann. Cas. 1912B, 366.
[2] Count 1 .was drawn to state a cause of action under the first subdivision of the Employers’ Liability Act (Code, § 3910), and at…
2Cases cited45 opinions
- Birmingham Railway, Light & Power Co. v. GonzalezSupreme Court of Alabama · 1913
- Tennessee Coal, Iron & R. R. v. SmithSupreme Court of Alabama · 1911
- Best Park & Amusement Co. v. RollinsSupreme Court of Alabama · 1915
- Amerson v. Corona Coal & Iron Co.Supreme Court of Alabama · 1915
- Moulton v. StateSupreme Court of Alabama · 1917
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3Cited by57 opinions
- Burns v. StateSupreme Court of Alabama · 1932
- Metropolitan Life Ins. Co. v. CarterSupreme Court of Alabama · 1924
- Insurance Co. of North America v. WilliamsSupreme Court of Alabama · 1917
- Kelite Products, Inc., and R. C. Martin v. Alvin J. Binzel, Jr., Trading as Kelite Products of AlabamaCourt of Appeals for the Fifth Circuit · 1955
- Turner v. BlantonSupreme Court of Alabama · 1965
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