Legal Opinion

Tennessee Coal, Iron & Railroad v. Garrett

Supreme Court of Alabama

Decided November 15, 1903PublishedCited by 2 opinions

Appeal from tbe City Court of Birmingham. Tried before the Hon. Charles A. Senn. This was an action brought by the appellee against the Tennessee Coal, Iron & Railroad Company to recover damages for personal injuries. The facts of the case are sufficiently stated in the opinion.

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Appeal from tbe City Court of Birmingham. Tried before the Hon. Charles A. Senn. This was an action brought by the appellee against the Tennessee Coal, Iron & Railroad Company to recover damages for personal injuries. The facts of the case are sufficiently stated in the opinion. Upon the introduction of all the evidence, the defendant requested the court to give to the jury the following written charges, and separately excepted to the court's refusal to give each of said charges, as asked: (4.) “If the jury believe the evidence in this case, they cannot find for plaintiff undpr the first…

1Opinion of the CourtDowdell, J.

This is an action brought by the ap-pellee, Joe Garrett, against the appellant to recover damages for personal injuries received by appellee while working as a convict, under appellant’s control, in appellant’s coal mine. No questions are raised on the pleadings; the refusal of the court to give certain charges requested by the defendant, the appellant here, and denying the motion for a new trial, constitute the only assignments of error. The complaint contained two counts. In the first count, after stating the place, and the way in which plaintiff was hurt, which was by “a rock or a part of…

2Cited by2 opinions

  1. Tennessee Coal, Iron & R. R. v. WilliamsonSupreme Court of Alabama · 1909
  2. Kallio v. Northwestern Improvement Co.Montana Supreme Court · 1913

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