Sullivan v. North Pratt Coal Co.
Supreme Court of Alabama
Appeal from Circuit Court, Jefferson County; Romaine Boyd, Judge. Action by James W. Sullivan against the North Pratt Coal Company. Judgment for plaintiff was set aside on defendant’s motion, new trial was ordered, and plaintiff appeals. Appellant was injured by a rock which fell upon him from) the roof of appellee’s coal mine, and recovered judgment therefor. The trial court granted defendant’s motion for a new trial, and plaintiff prosecutes this appeal.
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Appeal from Circuit Court, Jefferson County; Romaine Boyd, Judge. Action by James W. Sullivan against the North Pratt Coal Company. Judgment for plaintiff was set aside on defendant’s motion, new trial was ordered, and plaintiff appeals. Appellant was injured by a rock which fell upon him from) the roof of appellee’s coal mine, and recovered judgment therefor. The trial court granted defendant’s motion for a new trial, and plaintiff prosecutes this appeal. Plaintiff sustained his injuries as the result of a rock falling from the roof of his room in defendant’s mine on July 6, 1918, after…
1Opinion of the CourtGardner, J.
This cause was tried upon amended count 10, claiming damages for injuries received by plaintiff as the result of a rock falling from the roof of his room in defendant’s mine, and count 12, which was not filed until the day of the trial, November 12, 1919, claimed damages for injuries received by a fall as the result of a defective and improperly constructed stretcher. This Latter count was rested upon the breach of the statutory duty imposed upon the owner or operator of the coal mine under the provisions of section 93 of the act regulating the mining of coal in Alabama. Acts 1911, p. 519.
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