Southern Steel Co. v. Hopkins
Supreme Court of Alabama
Appeal from Jefferson Chancery Court. Heard before Hon. A. H. Benners. Bill by the Southern Steel Company against Wiley Hopkins, administrator, and others-, to enjoin a number of tort actions, to ascertain liability and damage. From a decree for respondents, complainants appeal. The bill had equity on the ground of multiplicity of suits, and the court erred in sustaining demurrers thereto. — Morgan v. Morgan, et al.; 3 Stew. 383; Cleveland v. Ins. Co., 44 South. 37; So.
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Appeal from Jefferson Chancery Court. Heard before Hon. A. H. Benners. Bill by the Southern Steel Company against Wiley Hopkins, administrator, and others-, to enjoin a number of tort actions, to ascertain liability and damage. From a decree for respondents, complainants appeal. The bill had equity on the ground of multiplicity of suits, and the court erred in sustaining demurrers thereto. — Morgan v. Morgan, et al.; 3 Stew. 383; Cleveland v. Ins. Co., 44 South. 37; So. Steel Co. v. Hopkins, 157 Ala. 175, and authorities cited in said case. The bill was without equity, the court properly…
1Opinion of the CourtMayfield, J.
This is a suit in equity to enjoin the prosecution of 110 separate actions at law. The sole ground of equity jurisdiction upon which the suit is based is to prevent a multiplicity of suits. The separate actions at law Avere brought by the administrators of 110 unfortunate Avorkmen, Avho lost their lives by an explosion in a coal mine. Each of these 110 actions Avas brought, under the employer’s liability act, to recover damages for the Avrongfnl death of the respective intestate; was brought against the same defendant, the complainant in this suit; and sought to recover on account of…
2Cases cited9 opinions
- Tribette v. Illinois Central RailroadMississippi Supreme Court · 1892
- Turner v. City of MobileSupreme Court of Alabama · 1902
- Roanoke Guano Co. v. SaundersSupreme Court of Alabama · 1911
- Vandalia Coal Co. v. LawsonIndiana Court of Appeals · 1909
- Southern Steel Co. v. HopkinsSupreme Court of Alabama · 1908
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3Cited by33 opinions
- Tennessee Coal, Iron & R. Co. v. Muscoda Local No. 123, Etc.Court of Appeals for the Fifth Circuit · 1943
- Cullman Property Co. v. H. H. Hitt Lumber Co.Supreme Court of Alabama · 1917
- Hamilton v. Alabama Power Co.Supreme Court of Alabama · 1915
- O'Dell v. StateSupreme Court of Alabama · 1959
- Alabama, Tenn. & Northern Ry. Co. v. Aliceville Lumber Co.Supreme Court of Alabama · 1916
28 more not listed; retrieve them via the Exa API.