Connors-Weyman Steel Co. v. Kilgore
Supreme Court of Alabama
Appeal from Shelby Circuit Court. Heard before Hon. Htjgi-i D. Merrill. Action by Peggie Kilgore and others, as administratrices of R. L. Kilgore, deceased, against the ConnorsWeyman Steel Company for damages for the death of their intestate, alleged to have occurred while in the service or employment of defendant. Judgment for plaintiff and defendant appeals.
1Opinion of the CourtSomerville, J.
The plaintiffs’ intestate was killed while working in a coal mine by being struck by two empty tram cars, which escaped outside, and, uncontrolled, ran down the slope into the mine.
The case went to the jury on count A of the complaint. This count seeks to fasten upon the defendant a common-law liability for the death of plaintiff’s intestate, resulting from the alleged negligence of defendant in failing to provide a derailing switch near the mouth of defendant’s mine. The alleged duty of the defendant in this behalf is founded upon the following allegations of fact: (1) Defendant owned the…
2Cases cited14 opinions
- Samuelson v. Cleveland Iron Mining Co.Michigan Supreme Court · 1882
- Stevens v. United Gas & Electric Co.Supreme Court of New Hampshire · 1905
- Pottorff v. Fidelity Coal Mining Co.Supreme Court of Kansas · 1912
- Harris v. McNamaraSupreme Court of Alabama · 1892
- Merriweather v. Sayre Mining & Mfg. Co.Supreme Court of Alabama · 1909
9 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Crawford Johnson & Co. v. DuffnerSupreme Court of Alabama · 1966
- Kingsberry Homes Corporation v. RalstonSupreme Court of Alabama · 1970
- Foster & Creighton Co. v. St. Paul Mercury Indemnity Co.Supreme Court of Alabama · 1956
- United States Cast Iron Pipe & Foundry Co. v. FullerSupreme Court of Alabama · 1924
- Farmers' & Merchants' Warehouse Co. v. PerrySupreme Court of Alabama · 1928
14 more not listed; retrieve them via the Exa API.