Altoona Coal Co. v. Kelly
Supreme Court of Alabama
Appeal from Circuit Cojart, Etowah County ; O. A. Steele, Judge. Suit by 8. A. Kelly against the Altoona Coal Company. From judgment for plaintiff, defendant appeals. Appellee, an employe of appellant company, was injured by a rock falling from the roof of the mine of said company, while at work . therein, engaged in “robbing an entry of said mine,” and brought this suit to recover damages for such injuries.
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Appeal from Circuit Cojart, Etowah County ; O. A. Steele, Judge. Suit by 8. A. Kelly against the Altoona Coal Company. From judgment for plaintiff, defendant appeals. Appellee, an employe of appellant company, was injured by a rock falling from the roof of the mine of said company, while at work . therein, engaged in “robbing an entry of said mine,” and brought this suit to recover damages for such injuries. The counts of the complaint upon which the cause of action was submitted to the jury rested for recovery upon the provisions of section 38 of the act approved April 18, 1911 (Gen. Acts…
1Opinion of the CourtGardner, J.
The recovery in this cause was had upon counts of the complaint resting upon the provisions of section 38 of the act approved April 18, 1911 (Gen. Acts 1911, p. 500), which section is as follows:
“It shall be the duty of persons operating coal mines in this state to keep at a convenient place at or near the main entrance of the mine, or in the mines, a sufficient supply of props and other timbers useful for propping therein, of suitable lengths and sizes, for those working in such mines. It shall be the duty of those working in said mines who need props or other timbers to select and mark the…
2Cases cited6 opinions
- Kellyville Coal Co. v. StrineIllinois Supreme Court · 1905
- Western Anthracite Coal & Coke Co. v. BeaverIllinois Supreme Court · 1901
- Palmer's Administratrix v. Empire Coal Co.Court of Appeals of Kentucky · 1914
- Stith Coal Co. v. SanfordSupreme Court of Alabama · 1915
- Springfield Coal Mining Co. v. GedutisIllinois Supreme Court · 1907
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Kelly v. Altoona Coal Co.Supreme Court of Alabama · 1920