Boggs v. Alabama Consolidated Coal & Iron Co.
Supreme Court of Alabama
Appeal from Birmingham City Court. Heard before Hon. C. C. NeSmith. Action by Lawrence B. Boggs as administrator, against the Alabama Consolidated Coal & Iron Company, for damages for the death of bis intestate, an employe. Judgment for defendant and plaintiff appeals.
Read the full summary
Appeal from Birmingham City Court. Heard before Hon. C. C. NeSmith. Action by Lawrence B. Boggs as administrator, against the Alabama Consolidated Coal & Iron Company, for damages for the death of bis intestate, an employe. Judgment for defendant and plaintiff appeals. Counsel discuss the pleadings and insist that the opinion in the case of Ala. 8. & W. Co. v. Griffin, 149 Ala. 423, is” not sound, and that it has no application to the case at bar, but that the proper construction of the statute referred to, will.be found in the case of I. U. R. R. Co. v. Houlihan,, 54 E. R. A. 788. This court…
1Opinion of the CourtSayre, J.
There were 12 counts in the complaint to all of which, in their final shape, demurrers were sustained. The complaint alleges that plaintiff’s intestate and the engineer of whose negligence he complains were both in the employment of the defendant and engaged at the time of the injury in the discharge of duties imposed • upon them by their employment. No doubt the effort of the pleader was to state a case within the fifth subdivision of the employer’s liability act (Code 1907, § 3910). No doubt, also, the court below *253felt constrained by the decision of this court in Alabama Steel & Wire…
2Cases cited18 opinions
- Barbier v. ConnollySupreme Court of the United States · 1884
- Missouri Pacific Railway Co. v. HumesSupreme Court of the United States · 1885
- Missouri Pacific Railway Co. v. MacKeySupreme Court of the United States · 1888
- Northern Pacific Railroad v. HamblySupreme Court of the United States · 1894
- Ryalls v. Mechanics' MillsMassachusetts Supreme Judicial Court · 1889
13 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- General Exchange Ins. Corporation v. FindlaySupreme Court of Alabama · 1929
- Bailey v. Tennessee Coal, Iron and Railroad CompanySupreme Court of Alabama · 1954
- Foreman v. Dorsey Trailers, Inc.Supreme Court of Alabama · 1951
- Clark v. FloydSupreme Court of Alabama · 1987
- Western Union Telegraph Co. v. HowingtonSupreme Court of Alabama · 1916
5 more not listed; retrieve them via the Exa API.