Hannah v. Kellerman Mining Company

BRADLEY, Judge.

This case comes to us on a writ of certiorari from the Circuit Court of Tuscaloosa County, Alabama.

Appellant filed a complaint pursuant to Title 26, Sections 283 and 285, Code of Alabama 1940, as Recompiled 1958, for the death of her husband while he was an employee of appellee.

A demurrer was filed to the complaint, and, subsequently, overruled. Thereupon, a plea in short by consent was filed and trial was had before the court sitting without a jury.

The trial court entered judgment in favor of appellee, and appellant made a motion for a new trial. This motion was overruled and…