Gray Eagle Coal Co. v. Lewis
Supreme Court of Alabama
Appeal from Jefferson Circuit Court-. Heard before Hon. A. A. Coleman. Action by George Lewis against the Gray Eagle Coal Company for injuries to plaintiff while employed in defendant’s mine by an explosion of gas. Judgment for plaintiff, and defendant appeals.
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Appeal from Jefferson Circuit Court-. Heard before Hon. A. A. Coleman. Action by George Lewis against the Gray Eagle Coal Company for injuries to plaintiff while employed in defendant’s mine by an explosion of gas. Judgment for plaintiff, and defendant appeals. Count 4 avers the duty of the defendant to employ safe, fit, and competent persons or servants to carry on its said business, and thalt defendant negligently failed to perform his said duty in this, to wit, it had in its employment one Foster, whose name is to the plaintiff now otherwise unknown, and to whom was intrusted the duty of…
1Opinion of the CourtSayre, J.
That part of count 5 material to bo here noted charged that the “defendant negligently failed to furnish plaintiff with a reasonably safe place to work.” The demurrer was that the count failed to allege or show how or wherein defendant negligently failed to furnish a safe place. This manner of averment, though little more than a mere conclusion, has often been held to satisfactorily meet the requirements of our system of pleading. — Ga. Pac. Ry. v. Davis, 92 Ala. 300, 9 South. 252, 25 Am. St. Rep. 47; Mary Lee Coal Co. v. Chambliss, 97 Ala. 171, 11 South. 897; Armstrong v. *418Street Ry., 123…
2Cases cited4 opinions
- Armstrong v. Montgomery Street Railway Co.Supreme Court of Alabama · 1898
- Louisville & Nashville Railroad v. Marbury Lumber Co.Supreme Court of Alabama · 1899
- Geo. Pacific Railway Co. v. DavisSupreme Court of Alabama · 1890
- Mary Lee Coal & Railway Co. v. ChamblissSupreme Court of Alabama · 1892
3Cited by12 opinions
- Citizen's L. H. & P. Co. v. LeeSupreme Court of Alabama · 1913
- Talley v. WhitlockSupreme Court of Alabama · 1916
- Shelby Iron Co. v. MorrowSupreme Court of Alabama · 1923
- Hinton & Sons v. StrahanSupreme Court of Alabama · 1957
- Smith v. WatkinsSupreme Court of Alabama · 1911
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