Stith Coal Co. v. Harris
Alabama Court of Appeals
Appeal from Walker Circuit Court. Heard before Hon. J. J. Curtis. Action by C. W. Harris against the Stith Coal Company for personal injuries. Judgment for plaintiff, and defendant appeals.
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Appeal from Walker Circuit Court. Heard before Hon. J. J. Curtis. Action by C. W. Harris against the Stith Coal Company for personal injuries. Judgment for plaintiff, and defendant appeals. The fifth count, after stating the relation to be that plaintiff was employed by defendant in its coal mine, and that, while engaged in the scope of his employment and in his duties as such, a large rock or piece of slate fell from the roof of the mine upon plaintiff, inflicting injuries therein described, adds: Plaintiff alleges that it was the duty of the defendant to keep at a convenient place at or…
1Opinion of the CourtBrown, J.
The case was submitted to the jury on the issues presented by the fifth count of the complaint, the general issue, pleas of contributory negligence 3, 4, 9, and 10, and pleas of assumption of risk 12> 14, and 17. The only matters urged for reversal of the' judgment are the alleged error of the court in sustaining the demurrer to special plea 13, the refusal of the affirmative charge, and charge 4 requested by defendant.(1) Count 5 of the complaint is not one under the Employers’ Liability Act (Code, § 3910), but is predicated on a breach of the duty imposed upon the defendant by section 38 of…
2Cases cited19 opinions
- Birmingham Ry. Light & Power Co. v. MooreSupreme Court of Alabama · 1906
- Atlanta & Florida Railroad v. KimberlySupreme Court of Georgia · 1891
- Alabama Western Railroad v. Talley-Bates Const. Co.Supreme Court of Alabama · 1909
- Merriweather v. Sayre Mining & Mfg. Co.Supreme Court of Alabama · 1909
- Houston & Great Northern Railroad v. MeadorTexas Supreme Court · 1878
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3Cited by7 opinions
- Sloss-Sheffield Steel & Iron Co. v. HubbardAlabama Court of Appeals · 1915
- St. Louis & S. F. Ry. Co. v. MillsSupreme Court of Alabama · 1929
- Southern Ry. Co. v. RobertsonAlabama Court of Appeals · 1917
- Cook v. StateAlabama Court of Appeals · 1920
- Ex parte Stith Coal Co. v. HarrisSupreme Court of Alabama · 1915
2 more not listed; retrieve them via the Exa API.