Kelly v. Altoona Coal Co.
Supreme Court of Alabama
Appeal from Circuit Court, Etowah County; O. A. Steele, Judge. Action by S. A. Kelly against the Altoona Coal Company for damages for injuries suffered while engaged in his employment. Judgment for defendant, and plaintiff appeals.
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Appeal from Circuit Court, Etowah County; O. A. Steele, Judge. Action by S. A. Kelly against the Altoona Coal Company for damages for injuries suffered while engaged in his employment. Judgment for defendant, and plaintiff appeals. The following is common to all the counts: Plaintiff claims of the defendant $20,000 as damages for that heretofore, on, to wit, the 8th day of December, 1917, he was in the service and employment of the defendant, and while in said service and employment and engaged in and about the discharge of his duty as such employee in a certain coal mine then and there being…
1Opinion of the Court
After a judgment for the plaintiff, now appellant, had been reversed on a former appeal (203 Ala. 338, 83 So. 62), counts 10, 11, and 12 were added by amendment, and the present appeal asserts that the trial court erred in sustaining demurrers to said counts. Appellant's proposition is that, in order to comply with the statute, General Acts 1911, p. 500, § 38, persons operating coal mines in the state must keep near the entrance or in the mines timbers cut to meet every possible emergency that may call for the propping of roofs in the progress of mining operations. We held to the contrary on…
2Cases cited3 opinions
- Dean v. BrownSupreme Court of Alabama · 1918
- Clark v. Choctaw Mining Co.Supreme Court of Alabama · 1918
- Altoona Coal Co. v. KellySupreme Court of Alabama · 1919