Birmingham Ore & Mining Co. v. Grover
Supreme Court of Alabama
Appeal from Birmingham City Court. Heard before Hon. H. A. Sharpe. Action by Charley Grover against the Birmingham Ore & Mining Company for personal injuries caused bv blasting. There was judgment for plaintiff, and defendant appeals.
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Appeal from Birmingham City Court. Heard before Hon. H. A. Sharpe. Action by Charley Grover against the Birmingham Ore & Mining Company for personal injuries caused bv blasting. There was judgment for plaintiff, and defendant appeals. The counts in the complaint are as follows: “(1) Plaintiff claims of defendant $5,000 as damages, for that heretofore, on, to wit, the 26th day of April, 1907, defendant was engaged in the operation of a certain ore mine at or near, to wit, Helen Bess, in Jefferson county, Ala., and had servants in its employment engaged in blasting in and about the operation of…
1Opinion of the CourtSimpson, J.
This suit is by the appellee against the appellant for injuries received from the blasting operations of defendant while the plaintiff was engaged in his employment .as a brakeman of the Louisville & Nashville Railroad Company. The first assignment of error insisted on is to the overruling of the demurrer interposed by the defendant to the first count of the complaint. It is urged that, although very general averments of negligence are sufficient, yet, when the pleader undertakes to state facts which are supposed to constitute the negligence, he is limited to the facts set forth, and that the…
2Cases cited10 opinions
- Wright v. ComptonIndiana Supreme Court · 1876
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- Cameron v. VandergriffSupreme Court of Arkansas · 1890
- Blackwell v. Lynchburg & Durham RailroadSupreme Court of North Carolina · 1892
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3Cited by20 opinions
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- Lehigh Portland Cement Co. v. DonaldsonSupreme Court of Alabama · 1935
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