White v. Alabama Insane Hospital
Supreme Court of Alabama
Appeal from the County Court of Tuscaloosa. Tried before the Hon. James J. Mayfield. This is an action brought by the appellant, James White, for damages for injuries alleged to have been sustained by the plaintiff in an accident occurring at the coal mines operated on the premises of the defendant for the purpose of furnishing fuel to the hospital. The complaint charges in different counts several acts of negligence.
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Appeal from the County Court of Tuscaloosa. Tried before the Hon. James J. Mayfield. This is an action brought by the appellant, James White, for damages for injuries alleged to have been sustained by the plaintiff in an accident occurring at the coal mines operated on the premises of the defendant for the purpose of furnishing fuel to the hospital. The complaint charges in different counts several acts of negligence. The defendant filed demurrers, all of which were overruled by the court except the first ground, which set up that the defendant was not liable in damages for the alleged…
1Opinion of the CourtTyson, J.
This action is brought, under section 1749 of the Code, known as the Employer’s Liability Act, to recover damages for personal injuries. The complaint contains a number of counts. Objection was taken by demurrer to each of them on the ground that the defendant is a State institution established exclusively for a charitable purpose, which was sustained by the trial court. Confessedly, if the defendant is a mere agency of the State in the administration of its governmental affairs, the action is substantially one against the State.
There is a clear distinction between that class of incorporated…
2Cases cited8 opinions
- Askew v. Hale CountySupreme Court of Alabama · 1875
- Maia's Adm'r v. Eastern State HospitalSupreme Court of Virginia · 1899
- Williamson v. Louisville Industrial School of ReformCourt of Appeals of Kentucky · 1894
- Aplin v. Regents of the UniversityMichigan Supreme Court · 1890
- Comer v. BankheadSupreme Court of Alabama · 1881
3 more not listed; retrieve them via the Exa API.
3Cited by47 opinions
- State Docks Commission v. BarnesSupreme Court of Alabama · 1932
- Hutchinson v. Board of Trustees of University of AlabamaSupreme Court of Alabama · 1971
- Alabama State Bridge Corporation v. SmithSupreme Court of Alabama · 1928
- Tucker v. Mobile Infirmary Ass'nSupreme Court of Alabama · 1915
- Hjorth Royalty Company v. Trustees of UniversityWyoming Supreme Court · 1924
42 more not listed; retrieve them via the Exa API.