Alabama Consolidated Coal & Iron Co. v. Heald
Supreme Court of Alabama
Appeal from Etowah Circuit Court. Heard before Hon. W. W. Haralson. Action by Pat H. Heald, administrator, against the Alabama Consolidated Coal & Iron Company. From a judgment for plaintiff, defendant appeals. Heald as administrator brought action for damages for the death of his intestate by suffocation, etc., in the iron mine of defendant. On the 24th day of May, 1905, the plaintiff filed his summons and complaint in the office of the circuit clerk of Etowah county.
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Appeal from Etowah Circuit Court. Heard before Hon. W. W. Haralson. Action by Pat H. Heald, administrator, against the Alabama Consolidated Coal & Iron Company. From a judgment for plaintiff, defendant appeals. Heald as administrator brought action for damages for the death of his intestate by suffocation, etc., in the iron mine of defendant. On the 24th day of May, 1905, the plaintiff filed his summons and complaint in the office of the circuit clerk of Etowah county. The complaint as originally filed contained one count, which -alleges the employment of the plaintiff’s intestate by the…
1DissentDowdell, J.
(dissenting). — I cannot agree to the conclusion reached in this case by the majority of the Justices on the question of the statute of limitations, pleaded as a defense to the amended counts of the complaint, and I therefore dissent from their decision, and am constrained, because of the importance of the question, to express my views of the law on the subject, thereby giving my reasons for such dissent. The cause of action as stated in the original complaint is the death of the plaintiff’s intestate, resulting as a proximate consequence from the negligent failure of the defendant to furnish…
2Cases cited38 opinions
- Ellison v. Georgia RailroadSupreme Court of Georgia · 1891
- Union Pacific Railway Co. v. WylerSupreme Court of the United States · 1895
- Harris v. Central RailroadSupreme Court of Georgia · 1887
- People ex rel. Gorman v. Judge of the Newaygo Circuit CourtMichigan Supreme Court · 1873
- King v. AverySupreme Court of Alabama · 1861
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