Athey v. Tennessee Coal, Iron & Railway Co.
Supreme Court of Alabama
Appeal from Birmingham City Court. Heard before Hon. John C. Pugh. Action by C. C. Athey, as administrator, against the Tennessee Coal, Iron & Railway Company, and the city of Birmingham, for damages for the death of a child by drowning. Judgment for defendant on directed verdict, and plaintiff appeals.
1Opinion of the CourtSayre, J.
Appellant, O. E. Athey, who sued as administrator of Eula May Athey, deceased, for the wrongful death of his intestate, lost his suit because the trial court excluded all his evidence and gave the general affirmative charge in favor of defendants, the Tennessee Company and the city of Birmingham. These rulings present the only question to be considered on this appeal.
The Tennessee Company, after using a considerable volume of water in the proper processes of its steel-mill, discharged it from its premises upon an open space, over which ran several railroad tracks. This water was hot, dirty,…
2Cases cited12 opinions
- Union Pacific Railway Co. v. McDonaldSupreme Court of the United States · 1894
- Sheffield Co. v. MortonSupreme Court of Alabama · 1909
- Fletcher v. StateSupreme Court of Alabama · 1902
- Thompson v. Alexander City Cotton Mills Co.Supreme Court of Alabama · 1914
- Alabama Great Southern Railroad v. CrockerSupreme Court of Alabama · 1901
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3Cited by36 opinions
- Alabama Great Southern Railroad Co. v. GreenSupreme Court of Alabama · 1964
- Alaga Coach Line, Inc. v. McCarrollSupreme Court of Alabama · 1933
- Cox v. Alabama Water Co.Supreme Court of Alabama · 1927
- Dorough v. Alabama Great Southern R. Co.Supreme Court of Alabama · 1930
- Slayton v. StateSupreme Court of Alabama · 1937
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