Birmingham Stove & Range Co. v. Lawler
Alabama Court of Appeals
Appeal from. Birmingham City Court. Heard before Hon. John H. Miller. Action by Robert Lawler against the Birmingham Stove & Range Company for damages for injuries suffered while in its employment. Judgment for plaintiff, and defendant appeals.
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Appeal from. Birmingham City Court. Heard before Hon. John H. Miller. Action by Robert Lawler against the Birmingham Stove & Range Company for damages for injuries suffered while in its employment. Judgment for plaintiff, and defendant appeals. Count 1 is as follows: “Plaintiff claims of defendant............the sum of.................. damages, for that heretofore, on, to wit,............, defendant' was engaged in the manufacture of stoves at or near........., and on said day plaintiff was in the service or employment of said defendant, and, while engaged in the discharge of his duties as…
1Opinion of the CourtCrum, J.
The first and second counts of the complaint were framed under subdivision 1, and the fourth count under subdivision 2, of the Employers’ Liability Act. (Code, § 3910) ; while the third count asserts a *539breach of duty under the common law with respect to the furnishing of instrumentalities used in the business of the master about which the servant was engaged.
In the first count it is alleged that the defendant was engaged in manufacturing stoves, and that, while plaintiff was in the performance of his duties in connection therewith, a molding flask containing molten iron broke, gave way, or…
2Cases cited8 opinions
- Tennessee Coal, Iron & R. R. v. SmithSupreme Court of Alabama · 1911
- Birmingham Ry. Light & Power Co. v. MooreSupreme Court of Alabama · 1906
- Jackson Lumber Co. v. CunninghamSupreme Court of Alabama · 1904
- Huyck v. McNerneySupreme Court of Alabama · 1909
- Birmingham Railway, Light & Power Co. v. HumphriesSupreme Court of Alabama · 1910
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3Cited by2 opinions
- Tennessee Coal, Iron R. R. Co. v. SpicerSupreme Court of Alabama · 1921
- Seals Piano & Organ Co. v. BellAlabama Court of Appeals · 1920