Sloss-Sheffield S. & I. Co. v. Austell
Supreme Court of Alabama
Appeal from Birmingham City Court. Heard before Hon. H. A. Sharpe. Action by Ed Austell against the S'loss-Sheffield Steel & Iron Company for injuries received while in its employment. Judgment for plaintiff and defendant appeals.
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Appeal from Birmingham City Court. Heard before Hon. H. A. Sharpe. Action by Ed Austell against the S'loss-Sheffield Steel & Iron Company for injuries received while in its employment. Judgment for plaintiff and defendant appeals. The court should have charged the jury that under the evidence the plaintiff could not recover under the 1st count of the complaint since the engineer who actually operated the engine with his own hands is not a person entrusted with superintendence under “the Employer’s Liability Act.— Dantsler v. DeBardelaben G. & I. Go.} 101 Ala. 309. The complaint did not…
1Opinion of the CourtSimpson, J.
This action was brought by the appellee against the appellant to recover damages for an injury received by the plaintiff while in the employment of the defendant. The first count of the complaint alleges that the plaintiff’s injury was due to “the negli*420gence of a person in the service or employment of the defendant, who had superintendence intrusted to him,” and states that said person was the engineer “who, on behalf of the defendant, had superintendence of plaintiff,” and that he “negligently caused or allowed plaintiff to be caught, injured and damaged.” The plaintiff testifies that said…
2Cited by3 opinions
- Linderman v. Tennessee Coal, Iron & RailroadSupreme Court of Alabama · 1912
- Republic Iron & Steel Co. v. HarrisSupreme Court of Alabama · 1918
- Johnson v. Nashville, C. & St. L. Ry.Supreme Court of Alabama · 1912