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…
1Opinion of the CourtAnderson, J.
The plea of the statute of limitations (No. 12) to counts 3 and 4 of the amended complaint, being in legal form, was not subject to the demurrer interposed, and the trial court erred in sustaining the same. If, however, the undisputed evidence fixed the injury or death within one year of the commencement of the suit, then the plea could have been properly charged out, and the action of the trial court in sustaining the demurrer would be error without injury. The undisputed evidence shows that the intestate’s death was within a year of the commencement of the suit, but was more than a year…
2Cases cited28 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
- Going v. Alabama Steel & Wire Co.Supreme Court of Alabama · 1904
- State Ex Rel. Zier v. Chesapeake Beach Railway Co.Court of Appeals of Maryland · 1903
23 more not listed; retrieve them via the Exa API.
3Cited by46 opinions
- Wright v. McCordSupreme Court of Alabama · 1920
- Alabama Consolidated Coal & Iron Co. v. HealdSupreme Court of Alabama · 1910
- Birmingham & A. Ry. Co. v. CampbellSupreme Court of Alabama · 1919
- Louisville & Nashville Railroad v. ChambleeSupreme Court of Alabama · 1910
- ALFA Mut. Ins. Co. v. SmithSupreme Court of Alabama · 1989
41 more not listed; retrieve them via the Exa API.