Alabama Fuel & Iron Co. v. Minyard
Supreme Court of Alabama
Appeal from Circuit Court, St. Clair County; -W. J. Martin, Judge. Action by Cora Minyard and another, as -administrators of the estate of W. L. Min-yard, deceased, against tbe Alabama Fuel & Iron Company for damages for the death of their intestate in a mine operated by the defendant. Judgments for plaintiffs, and defendant appeals.
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Appeal from Circuit Court, St. Clair County; -W. J. Martin, Judge. Action by Cora Minyard and another, as -administrators of the estate of W. L. Min-yard, deceased, against tbe Alabama Fuel & Iron Company for damages for the death of their intestate in a mine operated by the defendant. Judgments for plaintiffs, and defendant appeals. Following is count 1: The plaintiffs, Cora Minyard and George Howton, who sue as the administrators of the estate of W. L. Minyard, deceased, claim of the defendant, Alabama Fuel & Iron Company, a private corporation, the sum of, to wit, $30,000, as damages, for…
1Opinion of the CourtThomas, J.
This suit was by the servant against the master for personal injury caused by gas explosion in a coal mine.
The case was submitted on count 1 alleging intestate’s employment by defendant and injury while in the discharge of his employment. The sufficiency of the complaint was challenged by grounds of demurrer, among which was this:
•“The alleged negligence of the superintendent charged with negligence is not sufficiently set forth or described.”
The sufficiency of complaints as statements of the duty of the master and of its breach by the servant, where it lay under the superintendent clause of…
2Cases cited29 opinions
- Tennessee Coal, Iron & R. R. v. SmithSupreme Court of Alabama · 1911
- Woodward Iron Co. v. MarbutSupreme Court of Alabama · 1913
- Johnson v. StateSupreme Court of Alabama · 1916
- Reiter-Connolly Mfg. Co. v. HamlinSupreme Court of Alabama · 1906
- Western Steel Car & Foundry Co. v. CunninghamSupreme Court of Alabama · 1908
24 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Wright v. McCordSupreme Court of Alabama · 1920
- Adler v. MillerSupreme Court of Alabama · 1928
- Tennessee Coal, Iron R. R. Co. v. SpicerSupreme Court of Alabama · 1921
- Louisville N. R. Co. v. FranksSupreme Court of Alabama · 1921