Legal Opinion

Pennsylvania Coal Co. v. Bowen

Supreme Court of Alabama

Decided April 15, 1909PublishedCited by 7 opinions

Appeal from Walker Law and Equity Court. Heard before I-Ion. T. L. Sowell. Action by Robert E. Bowen against the Pennsylvania Coal Company. From a judgment for plaintiff, defendant appeals. The complaint contained a number of counts.

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Appeal from Walker Law and Equity Court. Heard before I-Ion. T. L. Sowell. Action by Robert E. Bowen against the Pennsylvania Coal Company. From a judgment for plaintiff, defendant appeals. The complaint contained a number of counts. The third count is in the following language: “Plaintiff claims of defendant, the Pennsylvania Coal Company, a corporation, $2,000 as damages, for that on, to wit, the 14 tli day of August, 1905, plaintiff was an employe of the defendant, and Avas working in a coal mine in Walker county, Ala., and whilst in said employment certaini rook or slate fell upon…

1Opinion of the CourtSimpson, J.

This is an action brought by the appellee against the appellant to recover damages for an injury received by the plaintiff while working in the coal mine of the defendant. The first assignment insisted on is to the action of the court in overruling the demurrer to the third count of the complaint. Said third count claims that the injury was received as the result of certain rocks or slate falling on the plaintiff. It is alleged that “it was the duty of the defendant to employ, as fellow servants of the plaintiff, men who were reasonably skilled in and about the duties they were to perform,…

2Cases cited5 opinions

  1. First National Bank v. ChandlerSupreme Court of Alabama · 1905
  2. Laughran v. BrewerSupreme Court of Alabama · 1896
  3. Conrad v. GraySupreme Court of Alabama · 1895
  4. Tennessee Coal, Iron & R. R. v. BridgesSupreme Court of Alabama · 1905
  5. Galveston Rope & Twine Co. v. BurkettCourt of Appeals of Texas · 1893

3Cited by7 opinions

  1. Rush v. McDonnellSupreme Court of Alabama · 1925
  2. Alabama Fuel & Iron Co. v. DensonSupreme Court of Alabama · 1922
  3. Alabama City, Gadsden & A. Ry. Co. v. BessiereSupreme Court of Alabama · 1914
  4. Blalack v. BlacksherAlabama Court of Appeals · 1914
  5. McDuff v. KurnSupreme Court of Alabama · 1937

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