Clinton Mining Co. v. Bradford
Supreme Court of Alabama
Appeal from Birmingham City Court. Heard before Hon. John H. Miller. Action by Sam Bradford against the Clinton Mining Company. Prom a judgment for plaintiff, defendant appeals. The first count charged the defect in the ways, works, machinery, etc., of defendant, in that the roof of the mine in which plaintiff was working was defective.
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Appeal from Birmingham City Court. Heard before Hon. John H. Miller. Action by Sam Bradford against the Clinton Mining Company. Prom a judgment for plaintiff, defendant appeals. The first count charged the defect in the ways, works, machinery, etc., of defendant, in that the roof of the mine in which plaintiff was working was defective. The second plea was as follows: Defendant says plaintiff was himself guilty of negligence which proximately contributed to the injuries complained of, in this Plaintiff at the time he sustained the injuries complained of was engaged in mining in á certain…
1Opinion of the CourtMcCLELLAN, J.
This action, instituted by the appellee against appellant, was finally tried on issues tendered by the first count of the complaint. It was drawn to state a cause of action under the first subdivision of the Employer’s Liability Act (Code, § 3910). The means of injury was the falling of rock or slate upon him from the roof of defendant’s ore mine.
In addition to the general issue, the defendant interposed plea 2, which the report of the appeal will contain. This plea attributed the injury complained of to the alleged fact that plaintiff negligently exposed himself to the injury he received by…
2Cases cited17 opinions
- Louisville & Nashville R. R. v. HollandSupreme Court of Alabama · 1911
- Randle v. Birmingham Railway, Light & Power Co.Supreme Court of Alabama · 1910
- Burnwell Coal Co. v. SetzerSupreme Court of Alabama · 1914
- Mudge v. TreatSupreme Court of Alabama · 1876
- Glass v. Meyer, Son & Co.Supreme Court of Alabama · 1899
12 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Clinton Mining Co. v. BradfordSupreme Court of Alabama · 1917
- Denson v. Alabama Fuel & Iron Co.Supreme Court of Alabama · 1916
- Floyd v. PughSupreme Court of Alabama · 1917
- Montgomery City Lines, Inc. v. ScottSupreme Court of Alabama · 1946
- American Surety Co. v. PryorSupreme Court of Alabama · 1924
21 more not listed; retrieve them via the Exa API.