Pratt Consolidated Coal Co. v. Davidson
Supreme Court of Alabama
Appeal from Birmingham City Court. Heard before Hon. C. W. Ferguson. Action by J. J. Davidson, as administrator, against the Pratt Consolidated Coal Company, for damages for causing the death of his intestate, an employe. Judgment for plaintiff and defendant appeals.
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Appeal from Birmingham City Court. Heard before Hon. C. W. Ferguson. Action by J. J. Davidson, as administrator, against the Pratt Consolidated Coal Company, for damages for causing the death of his intestate, an employe. Judgment for plaintiff and defendant appeals. The court erred in striking portions of defendant’s answers to plaintiff’s interrogatories. — Car-wile v. Frankklin, 51 South. 396. The court erred in refusing to instruct the jury as requested by the defendant. — Williams v. Thacker, 40 L. R. A. 812. An employe may assume the risk growing out of the violation of a statutory…
1Opinion of the CourtSayre, J.
Plaintiff’s intestate, who was a miner, lost his life by an explosion of gas in the defendant company’s mine where he was mining coal. The case went to the jury on counts 3, 4, and 5, the general issue, and various pleas of contributory negligence and assumption of risk.
Section 1031 of the Code of 1907 requires that, “when gas is known to exist, the owner, agent, or operator of any coal mine shall employ a competent fire boss, whose duties it shall be to examine every place in the mine before the men are permitted to enter for work. Said fire boss shall be at some convenient place each day to…
2Cases cited12 opinions
- Bernhardt v. CurtisSupreme Court of Louisiana · 1902
- Birmingham Railway & Electric Co. v. AllenSupreme Court of Alabama · 1892
- Woodward Iron Co. v. AndrewsSupreme Court of Alabama · 1896
- St. Louis & San Francisco R. R. v. BrantleySupreme Court of Alabama · 1910
- Alabama Great Southern Railroad v. BrooksSupreme Court of Alabama · 1902
7 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Federal Automobile Ins. Ass'n v. MeyersSupreme Court of Alabama · 1928
- Louisville & Nashville R. R. v. HandleySupreme Court of Alabama · 1911
- Stith Coal Co. v. HarrisAlabama Court of Appeals · 1915
- Black v. HankinsAlabama Court of Appeals · 1912
- Corona Coal & Iron Co. v. SpannSupreme Court of Alabama · 1919
5 more not listed; retrieve them via the Exa API.