Smith v. Pioneer Mining & Mfg. Co.
Supreme Court of Alabama
Appeal from Jefferson Circuit Court. Heard before Hon. A. A. Coleman. Tliis was a suit for damages for personal injury, brought by appellant against appellee.
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Appeal from Jefferson Circuit Court. Heard before Hon. A. A. Coleman. Tliis was a suit for damages for personal injury, brought by appellant against appellee. Tbe complaint is as follows: “Ulaintiff claims of tbe defendant tbe sum of $5,000 as damages, for that heretofore, to wit, on tbe 37th. day of Eebrfiary, 1903, tbe defendant corporation was engaged in tbe business of running and operating a furnace at Thomas, in Jefferson county, Ala., and on said day and date aforesaid the plaintiff was in tbe employ of defendant and engaged in tbe work of carrying cinders and drying a trough of…
1Opinion of the CourtWeakley, C. J.
To create a liability under subdivision 2 of section 1749 of the Code of 1896 (section 2590, Code 1886), it is not sufficient merely to show that the injury was caused by reason of the negligence of a *237person in the sendee or employment of the master or employer who had superintendence intrusted to him, bul it must also appear that the negligence occurred whilst the offending employe was in the exercise; of such superintendence. This is the plain reepuirennent of the statute. If it were; held to be enough to constitute a cause of action to show that a superintenelent liad be;e;n negligent,…
2Cases cited6 opinions
- Kansas City, Memphis & Birmingham Railroad v. BurtonSupreme Court of Alabama · 1892
- Dantzler v. DeBardeleben Coal & Iron Co.Supreme Court of Alabama · 1893
- Cashman v. ChaseMassachusetts Supreme Judicial Court · 1892
- A. G. S. R. R. v. VailSupreme Court of Alabama · 1904
- Drennen & Co. v. SmithSupreme Court of Alabama · 1896
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Linderman v. Tennessee Coal, Iron & RailroadSupreme Court of Alabama · 1912
- McNeil v. Munson Steamship LineAlabama Court of Appeals · 1913
- Sherman v. Mason & Hanger Co.Appellate Division of the Supreme Court of the State of New York · 1914
- Stephens & Donaldson v. PiersonAlabama Court of Appeals · 1913
- Birmingham Coal & Iron Co. v. WillisAlabama Court of Appeals · 1912
1 more not listed; retrieve them via the Exa API.