Alteriac v. West Pratt Coal Co.
Supreme Court of Alabama
Appeal from Walker Law and Equity Court. Heard before Hon. T. L. Sowell. Action by M. E. Alteriac against the West Pratt Coal Company for injuries received while mining, by the fall of a pot or bell shaped rock. Judgment for-plaintiff and defendant appeals.
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Appeal from Walker Law and Equity Court. Heard before Hon. T. L. Sowell. Action by M. E. Alteriac against the West Pratt Coal Company for injuries received while mining, by the fall of a pot or bell shaped rock. Judgment for-plaintiff and defendant appeals. M. & G. v. Martin, 117 Ala. 367; G. of Ga. v. Foshee, 125 Ala. 226. Demurrers should have been sustained to appellee’s pleas, 2, 7 and 9 as amended, and 10. — Osborn v. A. S. & W. Go., 135 Ala. 571; Going v. A. 8. & W. Go., 141 Ala. 537; Foley v. P. M. & M. Go,, 40 South. 273; Greola Lbr. Go. v. Mills, 42 South. 1019. Plea 15 is entirely…
1Opinion of the CourtMcCLELLAN, J.
The action was instituted by appellant to recover damages consequent upon an inquiry suffered by him from the falling of a rock from the roof of a mine of the defendant in which he was engaged as a miner when injured. There were counts assuming *437to state a case of wantonness or willful injury of this plaintiff; hut there is no evidence in the record in support of such counts. The other counts were for simple negligence, and to these the defenses of assumption of risk and contributory negligence were pleaded. The court, at the request of the defendant, gave it the affirmative charge.
The…
2Cases cited3 opinions
- Eureka Co. v. BassSupreme Court of Alabama · 1886
- Sloss Iron & Steele Co. v. KnowlesSupreme Court of Alabama · 1900
- Coosa Manufacturing Co. v. WilliamsSupreme Court of Alabama · 1901
3Cited by9 opinions
- Dorough v. Alabama Power Co.Supreme Court of Alabama · 1917
- Mace v. Carolina Mineral Co.Supreme Court of North Carolina · 1915
- Roberts v. Tennessee Coal, Iron & R.Court of Appeals for the Fifth Circuit · 1918
- Horton v. Seaboard Air Line Railway Co.Supreme Court of North Carolina · 1915
- Republic Iron & Steel Co. v. FullerAlabama Court of Appeals · 1912
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