Corona Coal & Iron Co. v. Spann
Supreme Court of Alabama
Appeal from Circuit Court, Walker County ; T. L. Sowell, Judge. Action by Tom Spann against the Corona Coal & Iron Company for damages for personal injuries suffered while at work in a mine of the defendant. Judgment for plaintiff and defendant appeals.
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Appeal from Circuit Court, Walker County ; T. L. Sowell, Judge. Action by Tom Spann against the Corona Coal & Iron Company for damages for personal injuries suffered while at work in a mine of the defendant. Judgment for plaintiff and defendant appeals. Amended count B is as follows: Plaintiff claims of the defendant the sum of ¥39,000 for that heretofore, on, to wit, June 13, 1917, defendant was operating a coal mine at or near Corona, Walker county, Ala.; that on, to wit, said date, plaintiff was working in said mine with the consent of and at the invitation of the said defendant; that…
1Opinion of the CourtBrown, J.
The case was submitted to the jury on count B of the complaint as amended. The right of action stated in this count is rested upon the negligent failure of the defendant to furnish props after they had been properly designated and marked, as required by section 38 of the act approved April 18, 1911, entitled “An act to regulate the mining of coal in Alabama.” Acts 1911, pp. 500-514.
[1] It is urged that the holding on the former appeal that it was not essential to the plaintiff’s right of action that he aver and prove that he was an employe of the defendant is unsound and should be overruled.
Th…
2Cases cited8 opinions
- Amerson v. Corona Coal & Iron Co.Supreme Court of Alabama · 1915
- Bear Creek Mill Co. v. ParkerSupreme Court of Alabama · 1901
- Southern Ry. Co. v. McGowanSupreme Court of Alabama · 1907
- Massey v. SmithSupreme Court of Alabama · 1882
- Bedgood v. T. R. Miller Mill Co.Supreme Court of Alabama · 1918
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