Sloss Iron & Steel Co. v. Tilson
Supreme Court of Alabama
Appeal from the Circuit Court of Jefferson. Tried before the Hon. A. A. Coleman. This action was brought by the appellee, Spencer C. Tilson, against the appellant, the Sloss Iron & Steel Company, to. recover damages, for personal injuries.
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Appeal from the Circuit Court of Jefferson. Tried before the Hon. A. A. Coleman. This action was brought by the appellee, Spencer C. Tilson, against the appellant, the Sloss Iron & Steel Company, to. recover damages, for personal injuries. The complaint containd four counts, which were in words and figures as follows: 1. “Plaintiff claims of defendant fifteen thousand dollars, as damages, for that, heretofore, to-wit, on the. 30tb day, of November, 1900, defendant was operating a coal mine at or near Bloss-burg, Jefferson county, Alabama, together with certain tram cars in said mine; that on…
1Opinion of the CourtHaralson, J.
The complaint consists of four counts. The first three are framed under the Employer’s Liability Act. — Code, § 1749,- — and the fourth under the common law. There exists no reason why such causes of action though not consistent with each other, may not be united in the same complaint, in different counts.
That the first three are sufficient as against the demurrers to them, has been too often in principle decided to require further consideration. — A. G. S. R. R. Co. v. Davis, 119 Ala. 572; B. C. M. Co. v. Parker, 134 Ala. 293, and other cases cited in brief for appellee.
The fourth count…
2Cases cited8 opinions
- Bennett v. Railroad Co.Supreme Court of the United States · 1881
- Powers v. HarlowMichigan Supreme Court · 1884
- Samuelson v. Cleveland Iron Mining Co.Michigan Supreme Court · 1882
- Montgomery & Eufaula Railway Co. v. ThompsonSupreme Court of Alabama · 1884
- Alabama Great Southern Railroad v. DavisSupreme Court of Alabama · 1898
3 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Birmingham Amusement Co. v. NorrisSupreme Court of Alabama · 1927
- MacKintosh Co. v. WellsSupreme Court of Alabama · 1928
- Cox v. Alabama Water Co.Supreme Court of Alabama · 1927
- United States Cast Iron Pipe & Foundry Co. v. FullerSupreme Court of Alabama · 1924
- Scoggins v. Atlantic & G. P. Cement Co.Supreme Court of Alabama · 1912
16 more not listed; retrieve them via the Exa API.