Dantzler v. DeBardeleben Coal & Iron Co.
Supreme Court of Alabama
Appeal from the City Court of Birmingham. Tried before the Hon. W. W. Wilkerson. This action was brought by S. D. Dantzler, administrator of W. A. McKay, deceased, against the DeBardeleben Coal & Iron Company, to recover damages for alleged negligence which caused the death of plaintiff’s intestate. The facts of the case are sufficiently stated in the opinion. The court gave the general affirmative charge for the defendant, to the giving of which the plaintiff duly excepted.
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Appeal from the City Court of Birmingham. Tried before the Hon. W. W. Wilkerson. This action was brought by S. D. Dantzler, administrator of W. A. McKay, deceased, against the DeBardeleben Coal & Iron Company, to recover damages for alleged negligence which caused the death of plaintiff’s intestate. The facts of the case are sufficiently stated in the opinion. The court gave the general affirmative charge for the defendant, to the giving of which the plaintiff duly excepted. There was j udgment for the defendant. Plaintiff appeals, and assigns as 'error the giving of the general affirmative…
1Opinion of the CourtMcCLELLAN, J.
This action is prosecuted by the personal representative of W..A. McKay, deceased, and sounds in damages for the death of plaintiff’s intestate, which, it is insisted, resulted from the negligence of the De Bardeleben Coal & Iron Company. The first count of the complaint avers wrong and negligence on the part of the company itself, under section 2589 of the Code. The other counts are drawn under section 2590 of the Code, and severally present causes of action under subsections 1-4 of that section.
The theory of plaintiff under the first count is, that the defendant company was negligent in not…
2Cases cited2 opinions
- Kansas City, Memphis & Birmingham Railroad v. BurtonSupreme Court of Alabama · 1892
- Anniston Pipe Works v. DickeySupreme Court of Alabama · 1890
3Cited by28 opinions
- Mobile, Jackson & Kansas City R. R. v. BrombergSupreme Court of Alabama · 1904
- Reed v. Ridout's Ambulance, Inc.Supreme Court of Alabama · 1925
- Thacker v. Chicago, Indianapolis & Louisville Railway Co.Indiana Supreme Court · 1902
- Creola Lumber Co. v. MillsSupreme Court of Alabama · 1906
- Culver v. Alabama Midland Railway Co.Supreme Court of Alabama · 1895
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