Corona Coal Co. v. Huckelbey
Supreme Court of Alabama
Appeal from Circuit Court, Walker County ; C. P. Almon, Judge. Action by Jeff Huckelbey against the Corona Coal Company and another, for damages for personal injury. From judgment for plaintiff, the named defendant appeals. The cause was tried upon count A, and the general issue joined thereon.
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Appeal from Circuit Court, Walker County ; C. P. Almon, Judge. Action by Jeff Huckelbey against the Corona Coal Company and another, for damages for personal injury. From judgment for plaintiff, the named defendant appeals. The cause was tried upon count A, and the general issue joined thereon. Omitting averments which are not material here, count A is as follows : “The plaintiff claims of the defendants, Birmingham Fuel & Iron Company, a corporation, and Corona Coal Company, a corporation, the sum of $25,000 as damages for that heretofore, to wit, on March 1, 1919, the said defendant was…
1Per curiam
The cause of action was tried upon count A only, the material averments of which appear in the statement of the case. This count seeks recovery against two defendant corporations under the Em ployers’ Liability Act (Code 1907, § 3910), but reference throughout is made to the defendant in the singular. As framed, the count is entirely uncertain in whose service — which of these two defendants — the plaintiff was at the time of the injury, or which defendant was in fact operating the mine.
[1] We are of the opinion this count must be held insufficient, and the demurrer taking the point should…
2Cases cited1 opinion
- Central of Georgia Ry. Co. v. CarlockSupreme Court of Alabama · 1916
3Cited by9 opinions
- Williams v. BoldingSupreme Court of Alabama · 1929
- Russell v. Praetorians, Inc.Supreme Court of Alabama · 1947
- Gilliland v. Order of Ry. Conductors of AmericaSupreme Court of Alabama · 1927
- Sarber v. HollonSupreme Court of Alabama · 1956
- McKinley v. CampbellSupreme Court of Alabama · 1927
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