Woodward Iron Co. v. Cook
Supreme Court of Alabama
Appeal from Birmingham City Court. Tried before Hon. W. W. Wilkerson. Action by W. H. Cook against Woodward Iron Company, a corporation, to recover damages for injury to bis son while he Avas an employé of the company. The complaint may be considered as brought under the Employer’s Liability Act, Code, § 2590, or as based on the common laAV right of the father, as stated in the opinion.
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Appeal from Birmingham City Court. Tried before Hon. W. W. Wilkerson. Action by W. H. Cook against Woodward Iron Company, a corporation, to recover damages for injury to bis son while he Avas an employé of the company. The complaint may be considered as brought under the Employer’s Liability Act, Code, § 2590, or as based on the common laAV right of the father, as stated in the opinion. It contained several counts, but they need not be set out in full; nor need the facts be further stated than they are set out in the opinion, since the court hold that the action cannot be maintained in either…
1Opinion of the CourtSharpe, J.
— Upon the trial of this cause the court at the defendant’s request, charged the jury affirmatively in its favor as to several counts of the complaint. The remaining counts, being the first, second, fourth and fourteenth, are the only ones that need be considered here.
Each of the last named counts contain averments appropriate to showing actionable injuries under the employer’s liability act embodied in section 2590 of the Codé of 1880. The action, however, is not maintainable under that statute. The liability it imposes on the employer for injuries to an employé in the cases therein…
2Cases cited8 opinions
- Alabama Great Southern Railroad v. CarrollSupreme Court of Alabama · 1892
- Mobile & Ohio R. R. v. ThomasSupreme Court of Alabama · 1868
- Pratt Coal & Iron Co. v. BrawleySupreme Court of Alabama · 1887
- McNamara v. LoganSupreme Court of Alabama · 1893
- Lovell v. DeBardelaben Coal & Iron Co.Supreme Court of Alabama · 1890
3 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Doullut Williams v. HoffmanSupreme Court of Alabama · 1920
- A. G. S. R. R. v. VailSupreme Court of Alabama · 1904
- Tutwiler Coal, Coke & Iron Co. v. FarringtonSupreme Court of Alabama · 1905
- Louisville & Nashville R. R. v. LoweSupreme Court of Alabama · 1908
- Whitmore v. Alabama Consolidated C. & I. Co.Supreme Court of Alabama · 1909
15 more not listed; retrieve them via the Exa API.