Legal Opinion

Woodward Iron Co. v. Nunn

Supreme Court of Alabama

Decided April 15, 1920No. 6 Div. 43PublishedCited by 1 opinion

Appeal from Circuit Court, Jefferson County ; I-I. A. Sharpe, Judge. Action by Matthew Nunn, pro ami, against the Woodward Iron Company, for damages for personal injuries sustained in its employ-' ment. Judgment for plaintiff, and defendant appeals.

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Appeal from Circuit Court, Jefferson County ; I-I. A. Sharpe, Judge. Action by Matthew Nunn, pro ami, against the Woodward Iron Company, for damages for personal injuries sustained in its employ-' ment. Judgment for plaintiff, and defendant appeals. Transferred from Court of Appeals under section 6, p. 449, Acts 1911. The following is count 1: The plaintiff, a minor under the age of 21 years, by next friend, claims of the defendant ■ the sum of $3,000 as damages for that on heretofore, to wit, September 6, 1918, the defendant was engaged in the operation of ore mines in Jefferson county,…

1Opinion of the CourtAnderson, C. J.

[1] The first insistence of error in brief of counsel for appellant is that count 1 of the complaint is bad for failing to state how or in what manner plaintiff sustained his injuries, that is “whether his leg was broken by a fall, or whether by being run over by a tramcar, or the fall of rock from the roof, or any other manner.” It is sufficient to say, in reply to this argument," that we find no ground of demurrer presenting this point.

[2] It is next urged that count 4 was bad for the reason that it attempts to charge a cause of action both under the common law and the statute, or does not…

2Cases cited4 opinions

  1. Woodward Iron Co. v. MarbutSupreme Court of Alabama · 1913
  2. Cahaba Coal Co. v. ElliottSupreme Court of Alabama · 1913
  3. Maddox v. Chilton Warehouse & Mfg. Co.Supreme Court of Alabama · 1911
  4. Southern Cotton Oil Co. v. WoodsSupreme Court of Alabama · 1918

3Cited by1 opinion

  1. Woodward Iron Co. v. NunnSupreme Court of Alabama · 1921

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