Foley v. Pioneer Min. & Mfg. Co.
Supreme Court of Alabama
Appeal from Birmingham City Court. Heard before Hon. G. W. Ferguson. Appellant, as the administratrix of Samuel Brown, deceased, brings this action for damages on account of the death of her intestate.
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Appeal from Birmingham City Court. Heard before Hon. G. W. Ferguson. Appellant, as the administratrix of Samuel Brown, deceased, brings this action for damages on account of the death of her intestate. It is brought under the employers liability act and the allegations are that the decedent came to his death .by reason of white-damp or noxious gases while working in defendant’s mine, and the negligence alleged consisted in a want of ventilation such as is required to keep the mine free from noxious gases, and as is required by the statute in .this' State. The negligence was attributed to the…
1Opinion of the CourtDowdell, J.
The defendant’s pleas numbered 3 and 4 were each faulty in averments of facts constituting alleged contributory negligence, and the demurrers interposed to these pleas should have been sustained. The-third plea does not aver' any duty rested on the plaintiff’s intestate to- order and direct the operation of the fan, or that it was not at the time being duly operated, or that if it was not running that he knew it or by due care could have known it, or that he knew that it was necessary for the fan to be operated in order for the “man-way” to be a safe place to work. While the 4th plea avers a…
2Cases cited1 opinion
- Birmingham Union Railway Co. v. AlexanderSupreme Court of Alabama · 1890
3Cited by22 opinions
- McCahill v. New York Transportation Co.New York Court of Appeals · 1911
- Alabama Power Co. v. TalmadgeSupreme Court of Alabama · 1921
- Louisville N. R. Co. v. ParkerSupreme Court of Alabama · 1931
- Kemp v. JacksonSupreme Court of Alabama · 1962
- Southern Railway Co. v. LefanSupreme Court of Alabama · 1915
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