Empire Coal Co. v. Goodhue
Supreme Court of Alabama
Appeal from City Court of Birmingham; John C. Pugh, Judge. Action by Lucy E. Goodhue, as administratrix of her deceased husband, against the Empire Coal Company. Judgment for plaintiff, and defendant appeals. The action is for the wrongful death of plaintiff’s intestate. The case was tried on four counts. Counts 1, 2, and 5 were under the Employers’ Liability Act; while count 0 declared on the common law duty to furnish deceased a safe place in which to work.
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Appeal from City Court of Birmingham; John C. Pugh, Judge. Action by Lucy E. Goodhue, as administratrix of her deceased husband, against the Empire Coal Company. Judgment for plaintiff, and defendant appeals. The action is for the wrongful death of plaintiff’s intestate. The case was tried on four counts. Counts 1, 2, and 5 were under the Employers’ Liability Act; while count 0 declared on the common law duty to furnish deceased a safe place in which to work. The measure of recoverable damages under count 6 was therefore entirely different from that under any one of the other three counts,…
1Opinion of the CourtMayfield, J.
[1,2] The mere omission in the judgment entry to name the foreman of the jury which renders the verdict does not render the verdict or the judgment void, if otherwise valid. The judgment here affirmatively shows that it was based on the verdict of a jury of 12. Counsel are in error in supposing that the record must affirmatively show a valid verdict. A verdict may be oral, and yet afford proper basis for the judgment entered thereon; and this even in criminal cases. It is true that the record proper must show that the case was tried by a lawful jury of 12, or a legal excuse, consent, or…
2Cited by5 opinions
- Hunt v. StateSupreme Court of Alabama · 1946
- Southern Railway Co. v. JarvisSupreme Court of Alabama · 1957
- Louisville Nashville Railroad Co. v. VickerySupreme Court of Alabama · 1972
- Mobile O. R. Co. v. WilliamsSupreme Court of Alabama · 1933
- Wilson v. StateAlabama Court of Appeals · 1924