Vandiver v. De Bardeleben Coal Co.
Supreme Court of Alabama
Appeal from Circuit Court, Walker County; J. J. Curtis, Judge. Action by Kelly Vandiver against the De Bardeleben Coal Company for damages for injuries while engaged in his employment.
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Appeal from Circuit Court, Walker County; J. J. Curtis, Judge. Action by Kelly Vandiver against the De Bardeleben Coal Company for damages for injuries while engaged in his employment. Judgment for defendant, and plaintiff appeals. ■While engaged in defendant’s service as a scraper behind an electrically driven coal-cutting machine operated by one Guttery, plaintiff was struck and injured by the lever of the machine which he was operating for the purpose of taking up the slack in the chain. Complaint is in six counts. Counts 1 to 4 are framed under subdivision 2 of the employer’s liability…
1Opinion of the CourtSomerville, J.
The evidence shows that defendant’s servant, Guttery, was intrusted with the operation of the electric coal-cutting machine, and that defendant’s mine foreman, Langley, assigned to plaintiff the duty of assisting Guttery as “scraper” ; his duty being, specifically, to throw back the slack coal from the cutting, and help to move it, and also to take up the slack in the chain whenever that was necessary. As Guttery’s assistant, he was subject to Guttery’s orders.
If the jury believed plaintiff’s testimony, the machine was still when, at Guttery’s request, he undertook to take up the slack in the…
2Cases cited5 opinions
- Kansas City, Memphis & Birmingham Railroad v. BurtonSupreme Court of Alabama · 1892
- Dantzler v. DeBardeleben Coal & Iron Co.Supreme Court of Alabama · 1893
- Louisville & Nashville Railroad v. AndrewsSupreme Court of Alabama · 1910
- Linderman v. Tennessee Coal, Iron & RailroadSupreme Court of Alabama · 1912
- Freeman v. Sloss Sheffield Steel & Iron Co.Supreme Court of Alabama · 1902
3Cited by1 opinion
- Corona Coal Co. v. WellsAlabama Court of Appeals · 1919