United States C. I. P. & F. Co. v. Warner
Supreme Court of Alabama
Appeal from Jefferson Circuit Court. Heard before Hon. C. B. Smith. Action by Alex. Warner against the United States Cast Iron, Pipe & Foundry Company for damages while engaging in its employment. Judgment for plaintiff, and defendant appeals.
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Appeal from Jefferson Circuit Court. Heard before Hon. C. B. Smith. Action by Alex. Warner against the United States Cast Iron, Pipe & Foundry Company for damages while engaging in its employment. Judgment for plaintiff, and defendant appeals. The first count, after stating the relation as that of employer and employee, alleges that: Plaintiff, as an engineer, was operating a crane, and while engaged in that duty, and while driving a nut on the crosshead pin, the nut which was worn to such an extent that in order to turn it a hammer and chisel was used, the engine suddenly started while…
1Opinion of the Court
THOMAS, J.—(1) The first count of the complaint was that on which the trial was had. It charged a defect under the first subdivision of section 3910 of the Code of 1907. The defendant pleaded the general issue “and in short .by consent with leave for both parties to offer evidence of any matter which, if properly pleaded, would be a good plea, replication,” etc.
The proximate cause of the injury is sufficiently averred under the numerous adjudications of this court.—Sloss-Sheffield, etc., Co. v. Dobbs, 187 Ala. 452, 65 South. 360; Standard Port. Cem. Co. v. Thompson, 191 Ala. 444, 67 South.…
2Cases cited29 opinions
- Cobb v. MaloneSupreme Court of Alabama · 1890
- Tobler v. Pioneer Mining & Mfg. Co.Supreme Court of Alabama · 1909
- Nashville, Chattanooga & St. Louis Railway v. CrosbySupreme Court of Alabama · 1915
- Western Railway of Alabama v. MutchSupreme Court of Alabama · 1892
- Amerson v. Corona Coal & Iron Co.Supreme Court of Alabama · 1915
24 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Clinton Mining Co. v. BradfordSupreme Court of Alabama · 1917
- J. H. Burton Sons Co. v. MaySupreme Court of Alabama · 1925
- Vredenburgh Saw Mill Co. v. BlackSupreme Court of Alabama · 1948
- Holdhusen v. SchaibleSouth Dakota Supreme Court · 1932
- Gammill v. CulverhouseSupreme Court of Alabama · 1927
4 more not listed; retrieve them via the Exa API.