Mascott Coal Co. v. Garrett
Supreme Court of Alabama
Appeal from Winston Circuit Court. Heard before Hon. James J. Bay. Action by Ann J. Garrett, administratrix, against tbe Mascot Coal Company. From a judgment for plaintiff, defendant appeals.
Read the full summary
Appeal from Winston Circuit Court. Heard before Hon. James J. Bay. Action by Ann J. Garrett, administratrix, against tbe Mascot Coal Company. From a judgment for plaintiff, defendant appeals. Tbe first count was in tbe following language: “Plaintiff, as administratrix of Stephen Garrett, deceased, claims of defendant tbe sum of $25,000, for that on about tbe 15tb day of February, 1906, tbe defendant was operating and managing a coal mine in Winston county, Ala., near Delmar, and on said date plaintiff’s intestate, said Stephen Garrett, was in tbe employment of defendant in tbe capacity of a…
1Opinion of the CourtTyson, C. J.
The only ground of demurrer to the first count of the complaint insisted on is that one which assails its sufficiency because it fails to show whether plaintiff’s intestate was injured in his room of the mine or. in the entry thereto. The theory of this ground and of the insistence in support of it is that it was plaintiff’s intestate’s duty to prop the roof of the room of the mine, and not the defendant’s duty. This precise point was ruled upon in the case of Tutwiler Coal Co. v. Farrington, 144 Ala. 165, 39 South. 898, adversely to appellant’s contention. Without determining the sufficiency…
2Cases cited1 opinion
- Tutwiler Coal, Coke & Iron Co. v. FarringtonSupreme Court of Alabama · 1905
3Cited by15 opinions
- John R. Cowley & Bros., Inc. v. BrownSupreme Court of Alabama · 1990
- Yamaha Motor Co., Ltd. v. ThorntonSupreme Court of Alabama · 1991
- Henderson v. Tennessee Coal, Iron & Ry. Co.Supreme Court of Alabama · 1914
- Jones v. NewtonSupreme Court of Alabama · 1984
- Salotti v. Seaboard Coast Line Railroad Co.Supreme Court of Alabama · 1974
10 more not listed; retrieve them via the Exa API.