Woodward Iron Co. v. Maxey
Supreme Court of Alabama
Appeal from Circuit Court, Jefferson County ; C. B. Snith, Judge. Action by Iola Maxey and R. W. Walker, as administrators of the estate of Stephen Maxey, deceased, against the Woodward Iron Company. Judgment for plaintiffs, and defendant appeals. While the complaint was in nine counts, it is only necessary in this case' to refer to the fourth and sixth counts.
Read the full summary
Appeal from Circuit Court, Jefferson County ; C. B. Snith, Judge. Action by Iola Maxey and R. W. Walker, as administrators of the estate of Stephen Maxey, deceased, against the Woodward Iron Company. Judgment for plaintiffs, and defendant appeals. While the complaint was in nine counts, it is only necessary in this case' to refer to the fourth and sixth counts. Both of these counts allege that plaintiff’s intestate was in the service or employment of the defendant corporation as a miner in its ore mines. The gravamen of the fourth count is that defendant negligently breached its duty to…
1Opinion of the CourtSomerville, J.
Each of the counts in question is for a breach of common-law duty.
[1,2] Under the fourth count the burden was on plaintiffs to show that the entry in which intestate was at work was dangerous by. reason of a defective and unsafe roof when intestate began to work in the entry, Whitmore v. Ala. Con. C. & I. Co., 164 Ala. 125, 51. South. 397, 137 Am. St. Rep. 31. And it is to be noted that “where the prosecution of the work itself makes the place and creates its dangers” (4 Labatt, M. & S. § 1518), it is not the duty of the master to stand by during the progress of the wprk to see where a danger…
2Cases cited5 opinions
- Langhorne v. SimingtonSupreme Court of Alabama · 1914
- Woodward Iron Co. v. CookSupreme Court of Alabama · 1899
- Tutwiler Coal, Coke & Iron Co. v. FarringtonSupreme Court of Alabama · 1905
- Whitmore v. Alabama Consolidated C. & I. Co.Supreme Court of Alabama · 1909
- Wadsworth Red Ash Coal Co. v. ScottSupreme Court of Alabama · 1916
3Cited by4 opinions
- Minyard v. Woodward Iron Co.District Court, N.D. Alabama · 1948
- Jefferson v. Republic Iron & Steel Co.Supreme Court of Alabama · 1922
- Woodward Iron Co. v. NunnSupreme Court of Alabama · 1921
- Seagle v. Stith Coal Co.Supreme Court of Alabama · 1918