Henderson v. Tennessee Coal, Iron & Ry. Co.
Supreme Court of Alabama
Appeal from Jefferson Circuit Court. Heard before Hon. E. C. Ckowe. Action by Mutual Henderson, as administratrix, against tbe Tennessee, Coal, Iron & Railroad Company, for the death of her intestate, Nathaniel Henderson. Judgment for defendant, and plaintiff appeals.
Read the full summary
Appeal from Jefferson Circuit Court. Heard before Hon. E. C. Ckowe. Action by Mutual Henderson, as administratrix, against tbe Tennessee, Coal, Iron & Railroad Company, for the death of her intestate, Nathaniel Henderson. Judgment for defendant, and plaintiff appeals. The third count declared that plaintiff’s intestate, while in the mine of defendant at the invitation and request of defendant, was killed by a portion of the roof of the mine falling upon him, and that his death was proximately caused by the negligence of defendant’s servants or agents, while acting within the line and scope of…
1Opinion of the Court
ANDERSON, C. J.—(1) It is not necessary to pass upon the sufficiency of plea 9, as an answer to a complaint by a servant under the Employers’ Liability Act, as count 3 of the complaint, the only one submitted to the jury, is not by a servant, but a licensee, and the plea places no duty .upon the plaintiff to inform the (defendant of the defect. Said plea, as an answer to •count 3, was subject to ground 48 of plaintiff’s demurrer and perhaps other grounds.(2) Plea 6 was bad and subject to the:plaintiff’s demurrer. thereto. The averment that the failure of the plaintiff to examine the working…
2Cases cited3 opinions
- Southern Ry. Co. v. McGowanSupreme Court of Alabama · 1907
- Gambill v. FuquaSupreme Court of Alabama · 1906
- Mascott Coal Co. v. GarrettSupreme Court of Alabama · 1908
3Cited by47 opinions
- Kabase v. StateSupreme Court of Alabama · 1943
- Deloney v. StateSupreme Court of Alabama · 1932
- Lakey v. StateSupreme Court of Alabama · 1952
- Slayton v. StateSupreme Court of Alabama · 1937
- Green v. MarlinSupreme Court of Alabama · 1929
42 more not listed; retrieve them via the Exa API.