Corona Coal Co. v. Huckelbey
Supreme Court of Alabama
Appeal from Circuit Court, Walker County ; C. P. Almon, Judge. Action by Jeff Huckelbey against the Corona Coal Company and another, for damages for personal injury. From judgment for plaintiff, the named defendant appeals. The cause was tried upon count A, and the general issue joined thereon.
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Appeal from Circuit Court, Walker County ; C. P. Almon, Judge. Action by Jeff Huckelbey against the Corona Coal Company and another, for damages for personal injury. From judgment for plaintiff, the named defendant appeals. The cause was tried upon count A, and the general issue joined thereon. Omitting averments which are not material here, count A is as follows : “The plaintiff claims of the defendants, Birmingham Fuel & Iron Company, a corporation, and Corona Coal Company, a corporation, the sum of $25,000 as damages for that heretofore, to wit, on March 1, 1919, the said defendant was…
1DissentGardner, J.
It is to be noted that the count upon which the cause was tried sought recovery against two named defendants, and used the expression, “the plaintiff claims of the defendants,” the latter word being in the plural as noted. Subsequent reference, however, is had to the defendants in the singular, as defendant, and for this reason counsel insist that the complaint failed to show which defendant was operating the mine, or by which defendant the plaintiff was employed; and, further, that the complaint fails to state a cause of action. In 18 Corpus Juris, 460, is found the following, under the…
2Cases cited5 opinions
- Bacon v. SchepflinIllinois Supreme Court · 1900
- West Chicago Street Railroad v. HorneIllinois Supreme Court · 1902
- Ashby Brick Co. v. Ely & Walker Dry Goods Co.Supreme Court of Alabama · 1907
- Grayham v. RoberdsSupreme Court of Alabama · 1845
- Grove v. SwartzCourt of Appeals of Maryland · 1876