Prattville Cotton Mills Co. v. McKinney
Supreme Court of Alabama
Appeal from Autauga Circuit Court. Heard before Hon. W. W. Peakson. Action by Henry McKinney, pro ami, against the Prattville Cotton Mill Company for damages for personal injuries suffered while in defendant’s employ. Judgment for plaintiff, and defendant appeals.
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Appeal from Autauga Circuit Court. Heard before Hon. W. W. Peakson. Action by Henry McKinney, pro ami, against the Prattville Cotton Mill Company for damages for personal injuries suffered while in defendant’s employ. Judgment for plaintiff, and defendant appeals. The following charges were refused to the defendant: A. “Although the jury may believe from the evidence that the defendant was guilty of negligence by failing to instruct the plaintiff in detail as to the danger of cleaning off the shafting or machinery under his charge, and in his care, while the same was in motion and the shaft…
1Opinion of the CourtMayfield, J.
— This action is brought by a servant against the master to recover damages for personal injuries alleged to have been proximately caused by the negligence of the master, or of its servants or agents, for which the law holds the master liable.
The complaint originally contained 13 counts, but it was tried upon counts 1, 2, 4, 6, 7, 8, 9, and 10.
Counts 1 and 2 were under the first subdivision of the Employer’s Liability Act (Code 1907, § 3910), as for defects in the ways, works, machinery, etc. Counts 4 and 6 were under the second subdivision, as for the negligence of a servant intrusted with…
2Cases cited8 opinions
- Hough v. Railway Co.Supreme Court of the United States · 1880
- Wabash Railway Co. v. McDanielsSupreme Court of the United States · 1883
- Rooney v. Sewall & Day Cordage Co.Massachusetts Supreme Judicial Court · 1894
- Davis v. KornmanSupreme Court of Alabama · 1904
- Ford v. Mount Tom Sulphite Pulp Co.Massachusetts Supreme Judicial Court · 1899
3 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Cagle v. StateSupreme Court of Alabama · 1924
- Alabama Power Co. v. BryantSupreme Court of Alabama · 1933
- Caldwell-Watson F. & M. Co. v. WatsonSupreme Court of Alabama · 1913
- Reynolds v. Woodward Iron Co.Supreme Court of Alabama · 1917
- J. C. Carland & Co. v. BurkeSupreme Court of Alabama · 1916
10 more not listed; retrieve them via the Exa API.