Republic Iron & Steel Co. v. Thomasino
Court of Appeals for the Fifth Circuit
In Error to the Circuit Court of the United States for the Northern District of Alabama. Action by Leon Thomasino, administrator, against the Republic Iron & Steel Company. Judgment for plaintiff, and defendant brings error.
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In Error to the Circuit Court of the United States for the Northern District of Alabama. Action by Leon Thomasino, administrator, against the Republic Iron & Steel Company. Judgment for plaintiff, and defendant brings error. This action was brought by Leon Thomasino, hereinafter styled “plaintiff,” as administrator of the estate of Tony Thomasino, against the Republic Iron & Steel Company, hereinafter styled “defendant,” claiming $20,000 damages for the killing of plaintiff's intestate. The complaint charges that the defendant was operating a coal mine at or near Sayreton, Jefferson county,…
1Opinion of the CourtPardee, Circuit Judge
(after stating the facts as above). It is undisputed that it was the duty of the defendant to have furnished the plaintiff’s intestate with sufficient props to support the roof of the room where he was mining, and that it was the duty of the plaintiff’s intestate to properly set the props. See Sloss Sheffield Steel & Iron Co. v. Green (Ala.) 49 South. 302.
The evidence is conflicting as to whether the defendant did its duty in furnishing the props — it is undisputed that the plaintiff’s intestate did not set any props in the last 4 to 5 days of his work nor in the last 20 to 30 feet of his…
2Cases cited8 opinions
- Eureka Co. v. BassSupreme Court of Alabama · 1886
- Bunt v. Sierra Butte Gold Mining Co.Supreme Court of the United States · 1891
- Glenmont Lumber Co. v. RoyCourt of Appeals for the Eighth Circuit · 1903
- Bridges v. Tennessee Coal, Iron & RailroadSupreme Court of Alabama · 1895
- Alteriac v. West Pratt Coal Co.Supreme Court of Alabama · 1909
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