Virginia Bridge & Iron Co. v. Jordan
Supreme Court of Alabama
Appeal from the Circuit Court of Shelby. Tried before the Hon. A. H. Alston. The complaint contained four counts, but as to the first and third counts, the general affirmative charge was given for the defendant.
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Appeal from the Circuit Court of Shelby. Tried before the Hon. A. H. Alston. The complaint contained four counts, but as to the first and third counts, the general affirmative charge was given for the defendant. The second count was as follows: .“The plaintiff claims of defendant twenty-five hundred' dollars, for that, and prior to the 5th day of December, 1902, the plaintiff was in the employment of the defendant, and as such employee ivas serving the defendant as a- bridge laborer, and defendant was engaged in constructing the bridge across the Cahaba river in said county, and it was…
1Opinion of the CourtTyson, J.
The complaint contained four counts. The first and third were eliminated by the giving of the affirmative charge as to each of them for defendant. This leaves for our consideration the second and fourth as amended, to which a demurrer was interposed and overruled.
The second count is based on the second section of the Employer’s Liability Act (§ 1748 of the Code) and the fourth on a common law liability. In the second count it is alleged that defendant was engaged in the construction of a bridge across the Cahaba river and that plaintiff was in its employment as a bridge laborer; that it was…
2Cases cited3 opinions
- Ewald v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1888
- Olsen v. AndrewsMassachusetts Supreme Judicial Court · 1897
- Whatley v. Zenida Coal Co.Supreme Court of Alabama · 1898
3Cited by15 opinions
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- Louisville & Nashville Railroad v. Walker's AdministratorCourt of Appeals of Kentucky · 1915
- Alabama Steel & Wire Co. v. ThompsonSupreme Court of Alabama · 1909
- Colonna Shipyard, Inc. v. BlandSupreme Court of Virginia · 1928
- Woodward Iron Co. v. CurlSupreme Court of Alabama · 1907
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