Stewart v. Sloss-Sheffield Steel & Iron Co.
Supreme Court of Alabama
Appeal from Bessemer City Court. Heard before Hon. William Jackson. Action by Wade Stewart against the Sloss-Sheffield Steel & Iron Company. Prom a judgment for defendant, plaintiff appeals. The negligence alleged in the first count is a failure to provide plaintiff with a safe place in which to do his work under said employment, in that the roof of the mine where said rock fell was not sufficiently propped up or sustained.
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Appeal from Bessemer City Court. Heard before Hon. William Jackson. Action by Wade Stewart against the Sloss-Sheffield Steel & Iron Company. Prom a judgment for defendant, plaintiff appeals. The negligence alleged in the first count is a failure to provide plaintiff with a safe place in which to do his work under said employment, in that the roof of the mine where said rock fell was not sufficiently propped up or sustained. The second count alleges the negligence to be a failure of defendant to use due care in or about making said roof safe or secure from falling, as it was its duty to do.…
1Opinion of the CourtSimpson, J.
This is an action by the appellant against the appellee, for personal injuries received by the plaintiff, as an employee of the defendant, while working in a coal mine of defendant, caused by the falling of the roof of the mine on plaintiff.
There was no error in overruling the demurrer to the second plea.—Merriweather v. Sayre Mining & Manuf’g Co., 161 Ala. 441, 445, 446, 453, 49 South. 916 (pleas 2 and 8); New Connellsville Coal & Coke Co. v. Kilgore, 162 Ala. 642, 50 South. 205, 209 (plea 5).
On the same authorities, there was no error in overruling the demurrers to the third, fourth, and…
2Cases cited16 opinions
- Spring Co. v. EdgarSupreme Court of the United States · 1879
- Chateaugay Ore & Iron Co. v. BlakeSupreme Court of the United States · 1892
- Gila Valley, Globe & Northern Railway Co. v. LyonSupreme Court of the United States · 1906
- I. L. Corse & Co. v. Minnesota Grain Co.Supreme Court of Minnesota · 1905
- Merriweather v. Sayre Mining & Mfg. Co.Supreme Court of Alabama · 1909
11 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Birmingham R. L. & P. Co. v. SaxonSupreme Court of Alabama · 1912
- Burnwell Coal Co. v. SetzerSupreme Court of Alabama · 1914
- Sovereign Camp, W. O .W. v. HoomesSupreme Court of Alabama · 1929
- Woodmen of the World v. AlfordSupreme Court of Alabama · 1920
- Brown v. Mobile Electric Co.Supreme Court of Alabama · 1921
13 more not listed; retrieve them via the Exa API.