Tennessee Coal, Iron R. R. Co. v. Spicer
Supreme Court of Alabama
Appeal from Circuit Court, Jefferson County ; C. B. Smith, Judge. Action by John W. Spicer against the Tennessee Coal, Iron & Railroad Company, for damages for personal injuries suffered while in their employment. Judgment for plaintiff, and the defendant appeals.
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Appeal from Circuit Court, Jefferson County ; C. B. Smith, Judge. Action by John W. Spicer against the Tennessee Coal, Iron & Railroad Company, for damages for personal injuries suffered while in their employment. Judgment for plaintiff, and the defendant appeals. The following charges are referred to in the opinion as having been refused to the defendant: (7) If you believe the evidence it was plaintiff’s duty, before going upon the scaffold which fell with him, to see for himself that the scaffold and its supports were properly built, and if you believe from the evidence that plaintiff went…
1Opinion of the CourtMcCLELLAN, J.
The only count submitted to the jury was the fourth. Aside from its formal parts and the description of plaintiff’s (appellee’s) injuries, it reads:
“ * * * The plaintiff was employed by the defendant and was injured while in the discharge of his duties as an employee of the defendant, by falling from or through a scaffold, upon which this plaintiff was working as a riveter, and while he was so working in the service or employment of the defendant as such riveter. Plaintiff further avers that his injuries were proximately caused by the negligence of one, R. H. Bumgardner, who was in the…
2Cases cited9 opinions
- Grand Trunk Railway Co. v. IvesSupreme Court of the United States · 1892
- Birmingham Southern R. Co. v. HarrisonSupreme Court of Alabama · 1919
- Kansas City, Memphis & Birmingham Railroad v. BurtonSupreme Court of Alabama · 1892
- Reaves v. MaybankSupreme Court of Alabama · 1915
- Louisville & Nashville R. R. v. FitzgeraldSupreme Court of Alabama · 1909
4 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Senn v. Alabama Gas Corp.Supreme Court of Alabama · 1993
- Alabama Great Southern R. v. Ensley Transfer & Supply Co.Supreme Court of Alabama · 1924
- Pound v. GauldingSupreme Court of Alabama · 1939
- Birmingham News Co. v. PayneSupreme Court of Alabama · 1935
- Tennessee River Nav. Co. v. WallsSupreme Court of Alabama · 1923
7 more not listed; retrieve them via the Exa API.