Linderman v. Tennessee Coal, Iron & Railroad
Supreme Court of Alabama
Appeal from Birmingham City Court. Heard before Hon. William M. Walker. Action by Clifton E. Linderman against the Tennessee Coal, Iron & Railroad Company. From a judgment for defendant, plaintiff appeals.
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Appeal from Birmingham City Court. Heard before Hon. William M. Walker. Action by Clifton E. Linderman against the Tennessee Coal, Iron & Railroad Company. From a judgment for defendant, plaintiff appeals. The complaint alleges that defendant was engaged in or about repairing railroad cars at or near the engines, in Jefferson county, Ala., and was using in said work a certain machine by Avhich a hot rivet or bolt Avas being or to be driven in a hole in a piece of metal, to Avit, a beam, and on said day, Avhile plaintiff Avas in the service or employment of defendant, and engaged in or about…
1Opinion of the CourtAnderson, J.
The proposition cannot be doubted that simply because one who is charged with superintendence happens to engage in the discharge of the duties of a subordinate, -or that are performed by one in the capacity of a fellow servant of the plaintiff, he does not thereby cease to be a superintendent. He may act in a dnal capacity, and the things which he does or omits while acting as a fellow servant, and which are incident to the duties of same, are not acts of superintendence. On the other hand, if he negligently does or fails to do something involving superintendence, the act or omission Avould…
2Cases cited6 opinions
- Dantzler v. DeBardeleben Coal & Iron Co.Supreme Court of Alabama · 1893
- Cashman v. ChaseMassachusetts Supreme Judicial Court · 1892
- Sloss-Sheffield Steel & Iron Co. v. GreenSupreme Court of Alabama · 1909
- Drennen & Co. v. SmithSupreme Court of Alabama · 1896
- Smith v. Pioneer Mining & Mfg. Co.Supreme Court of Alabama · 1906
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Reed v. Ridout's Ambulance, Inc.Supreme Court of Alabama · 1925
- Republic Iron & Steel Co. v. HarrisSupreme Court of Alabama · 1918
- Woodward Iron Co. v. BoswellSupreme Court of Alabama · 1917
- Jones v. Kirkpatrick Sand & Cement Co.Supreme Court of Alabama · 1922
- Jenkins v. MannSupreme Court of Alabama · 1930
2 more not listed; retrieve them via the Exa API.