Patterson v. Alabama Fuel & Iron Co.
Supreme Court of Alabama
Appeal from Birmingham City Court. Heard before Hon. John H. Miller. Action by Nettie Patterson, as administratrix, against the Alabama Fuel & Iron Company, for damages for the death of her intestate. Judgment for defendant, and plaintiff appeals. Plaintiff’s intestate was an employee of one Richardson, who had contracted with defendant company to drive a certain heading and an air course in defendant’s mine.
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Appeal from Birmingham City Court. Heard before Hon. John H. Miller. Action by Nettie Patterson, as administratrix, against the Alabama Fuel & Iron Company, for damages for the death of her intestate. Judgment for defendant, and plaintiff appeals. Plaintiff’s intestate was an employee of one Richardson, who had contracted with defendant company to drive a certain heading and an air course in defendant’s mine. The mine consisted of a main slope, and the usual air course running parallel with it, and separated by a wall of some feet in thickness. Richardson’s heading left the main slope at…
1Opinion of the Court
SOMERVILE, J. —
The principles of law which fix the liability of the owner of premises for injuries suffered thereon by one who was there by the invitation of the owner are well settled by numerous authorities.
(1, 2) When a mine owner invites a second person to assist in driving an entry and mining coal therein, and the latter is injured by reason of a dangerous condition existing at any place in the mine, to support a recovery against the owner therefor: (1) The circumstances must be such as to justify legal right, derived from the owner, to occupy the place where his injury occurred; and (2)…
2Cases cited7 opinions
- Tobler v. Pioneer Mining & Mfg. Co.Supreme Court of Alabama · 1909
- Lookout Mountain Iron Co. v. LeaSupreme Court of Alabama · 1906
- Louisville & Nashville Railroad v. PerkinsSupreme Court of Alabama · 1907
- Sloss Iron & Steel Co. v. TilsonSupreme Court of Alabama · 1904
- Morrissett v. WoodSupreme Court of Alabama · 1898
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- State v. Alabama Public Service CommissionSupreme Court of Alabama · 1975
- Alabama Power Co. v. BerrySupreme Court of Alabama · 1950
- Reed v. Ridout's Ambulance, Inc.Supreme Court of Alabama · 1925
- Standard Cooperage Co. v. DearmanSupreme Court of Alabama · 1920
- White v. State Ex Rel. FowlerSupreme Court of Alabama · 1955
3 more not listed; retrieve them via the Exa API.