Warrior-Pratt C. Co. v. Shereda
Supreme Court of Alabama
Appeal from Jefferson Circuit Court. Action by Peter Shereda against the Warrior-Pratt Coal Company, for damages for injury while in its employment. Judgment for plaintiff, and defendant appeals.
Read the full summary
Appeal from Jefferson Circuit Court. Action by Peter Shereda against the Warrior-Pratt Coal Company, for damages for injury while in its employment. Judgment for plaintiff, and defendant appeals. Count 2 alleges the operation by defendant of a coal mine, and that plaintiff was in the employment of defendant in said mine, and while engaged in the discharge of his duties under his employment a piece of rock or slate or other hard substance fell from the roof of defendant’s mine, striking plaintiff and inflicting the injuries which are set out. It is then averred that the injuries were caused by…
1Opinion of the CourtMcCLELLAN, J.
— The complaint, as amended, contained four counts. All of these carried the material averment of relation of master and servant between plaintiff (appellee) and defendant (appellant) at the time plaintiff was injured by the falling of rock from the roof of the mine. Only counts 2 and 4 were passed to the jury. These were drawn under the first sub*123division of the Employers’ Liability Act (Code 1907, § 3910). Neither of these counts was subject to the demurrer. Both sufficiently, under our rule, allege and describe a defect in the condition of the ways, works, etc., of the defendant’s mine, and…
2Cases cited2 opinions
- Harris v. McNamaraSupreme Court of Alabama · 1892
- Lookout Mountain Iron Co. v. LeaSupreme Court of Alabama · 1906
3Cited by20 opinions
- Aldrich v. Tyler Grocery Co.Supreme Court of Alabama · 1921
- Birmingham Post Co. v. SturgeonSupreme Court of Alabama · 1933
- General Exchange Ins. Corporation v. FindlaySupreme Court of Alabama · 1929
- Clinton Mining Co. v. BradfordSupreme Court of Alabama · 1915
- Republic Iron & Steel Co. v. McLaughlinSupreme Court of Alabama · 1917
15 more not listed; retrieve them via the Exa API.