Legal Opinion

Southern Cotton Oil Co. v. Walker

Supreme Court of Alabama

Decided December 16, 1909PublishedCited by 20 opinions

Appeal from Cullman Circuit Court- Heard before Hon. D. W. Speake. Action by Joseph Walker against the Southern Cotton Oil Company. From a judgment for plaintiff, defendant appeals.

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Appeal from Cullman Circuit Court- Heard before Hon. D. W. Speake. Action by Joseph Walker against the Southern Cotton Oil Company. From a judgment for plaintiff, defendant appeals. The complaint is as follows: Count 1: “Plaintiff claims of the defendant $10,000 as damages, for that on, to wit, the 18th day of February, 1905, plaintiff was an employe of the defendant, engaged in its service at defendant’s Cullman oil mill, in Cullman county, Ala., and in the course of bis employment as such employe it became and was plaintiff’s duty to operate that portion of the machinery connected with…

1Opinion of the CourtAnderson, J.

Count 1, as amended, is framed under subdivision 1 of tbe employer’s liability statute. —Section 3910 of the Code of 1907. While this count avers a defect in a flue connected with tbe linter, in addition to a defect in tbe machine in not being equipped with a reasonably sufficient appliance for properly raising tbe breast of said machine and bolding said breast up while said machine was being cleaned out, tbe proximate cause of tbe injury is ascribed in said count as resulting from tbe failure to have tbe machine equipped with tbe proper appliance for raising the breast and bolding it up when…

2Cases cited12 opinions

  1. Eureka Co. v. BassSupreme Court of Alabama · 1886
  2. Ferren v. Old Colony RailroadMassachusetts Supreme Judicial Court · 1886
  3. Going v. Alabama Steel & Wire Co.Supreme Court of Alabama · 1904
  4. Creola Lumber Co. v. MillsSupreme Court of Alabama · 1906
  5. Alabama Chemical Co. v. NilesSupreme Court of Alabama · 1908

7 more not listed; retrieve them via the Exa API.

3Cited by20 opinions

  1. Johnson Publishing Co. v. DavisSupreme Court of Alabama · 1960
  2. Dwight Manufacturing Co. v. HolmesSupreme Court of Alabama · 1916
  3. B'ham Ry. L. & P. Co. v. CockrumSupreme Court of Alabama · 1912
  4. B'ham Ry. L. & P. Co. v. GlennSupreme Court of Alabama · 1912
  5. Louisville & Nashville R. R. v. HandleySupreme Court of Alabama · 1911

15 more not listed; retrieve them via the Exa API.

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