Sloss-Sheffield, Steel & Iron Co. v. Hutchinson
Supreme Court of Alabama
Appeal from Birmingham City Court. Heard before Hon. Charles A. Senn. This was an action by appellee to recover damages for injury to his hand caused by a stationary engine which he was operating. It ivas brought under the employer’s liability act and counts on the defect in the ways, works, machinery or plant of defendants. It is alleged that the engine ivas part of these and ivas defective, but no special defect is pointed out by the complaint.
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Appeal from Birmingham City Court. Heard before Hon. Charles A. Senn. This was an action by appellee to recover damages for injury to his hand caused by a stationary engine which he was operating. It ivas brought under the employer’s liability act and counts on the defect in the ways, works, machinery or plant of defendants. It is alleged that the engine ivas part of these and ivas defective, but no special defect is pointed out by the complaint. Demurrers were overruled and defendant filed a plea of general issue and a special plea as follows: “The defendant for further answer to the…
1Opinion of the CourtAnderson, J.
The complaint in this case avers that the engine was defective, thus particularizing what part of the ways, work, machinery, or plant was defective, and need not have specified what particular part of the engine was defective. The demurrer was properly overruled. — Mary Lee Coal & Ry. Co. v. Chambliss, 97 Ala. 171, 11 South. 897; Bear Creek Mill Co. v. Parker, *226134 Ala. 293, 32 South. 700; A. G. S. R. R. v. Davis, 119 Ala. 572, 24 South. 862; Southern R. R. v. Guyton, 122 Ala. 231, 25 South. 34. The rule declared in the case of L. & N. R. R. v. Jones, 130 Ala. 456, 30 South. 586, is not in…
2Cases cited9 opinions
- Southern Railway Co. v. SheltonSupreme Court of Alabama · 1902
- Mary Lee Coal & Railway Co. v. ChamblissSupreme Court of Alabama · 1892
- Southern Railway v. GuytonSupreme Court of Alabama · 1898
- Alabama Great Southern Railroad v. DavisSupreme Court of Alabama · 1898
- Louisville & Nashville Railroad v. JonesSupreme Court of Alabama · 1900
4 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Birmingham Railway, Light & Power Co. v. FoxSupreme Court of Alabama · 1911
- West Pratt Coal Co. v. AndrewsSupreme Court of Alabama · 1901
- Preston v. LaSalle Apartments, Inc.Supreme Court of Alabama · 1941
- Loveman v. Birmingham Ry. L. & P. Co.Supreme Court of Alabama · 1907
- Sloss-Sheffield S. & I. Co. v. TaffSupreme Court of Alabama · 1912
3 more not listed; retrieve them via the Exa API.