Fail v. Gulf States Steel Co.
Supreme Court of Alabama
Appeal from Circuit Court, Etowah County; O. A. Steele, Judge. Action by Mattie Fail, as administratrix, and another against the Gulf States Steel Company for damages for death of her intestate. Before trial the damages.were settled between the parties, and W. A. Denson, attorney for plaintiff, intervened to recover attorney’s fee. From a judgment for defendant, he appeals.
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Appeal from Circuit Court, Etowah County; O. A. Steele, Judge. Action by Mattie Fail, as administratrix, and another against the Gulf States Steel Company for damages for death of her intestate. Before trial the damages.were settled between the parties, and W. A. Denson, attorney for plaintiff, intervened to recover attorney’s fee. From a judgment for defendant, he appeals. Count 1 alleges that the death of the intestate was proximately caused by the negligence of one McIntyre, a person in the service or employment of the defendant, who had superintendence intrusted to him, whilst in the…
1Opinion of the CourtGardner, J.
This suit was originally brought by the representatives of the estate of L. F. Fail, deceased, against the Gulf States Steel Company and one McEntyre, to recover damages for the death of said deceased while in the employ of said Steel Company, and consisted of one count under subdivision 2 of the Employers’ Liability Act. The judgment recovered by the plaintiffs was reversed on appeal to this court. Gulf States Steel Co. v. Fail, 201 Ala. 524, 78 South. 878. Upon remandment of the cause plaintiff amended the complaint, by striking McEntyre as a party defendant, and subsequently, also, added…
2Cases cited13 opinions
- Denson v. Alabama Fuel & Iron Co.Supreme Court of Alabama · 1916
- Shortel v. City of St. JosephSupreme Court of Missouri · 1891
- Alabama Consolidated Coal & Iron Co. v. HealdSupreme Court of Alabama · 1910
- Southern Railway v. GuytonSupreme Court of Alabama · 1898
- Kansas City, Memphis & Birmingham Railway Co. v. MatthewsSupreme Court of Alabama · 1904
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3Cited by1 opinion
- Grover v. Aaron Ferer & SonsNebraska Supreme Court · 1932