Tallassee Falls Mfg. Co. v. Moore
Supreme Court of Alabama
Appeal from Tallapoosa Circuit Court. Heard before Hon. S. L. Brewer. Personal injury action by George W. Moore against the Tallassee Falls Manufacturing Company. Judgment for plaintiff, and defendant.appeals.
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Appeal from Tallapoosa Circuit Court. Heard before Hon. S. L. Brewer. Personal injury action by George W. Moore against the Tallassee Falls Manufacturing Company. Judgment for plaintiff, and defendant.appeals. The complaint as amended was as' follows; Count 1: “Plaintiff claims of defendant $10,000 damages, for this: That on or about the 6th day of February, 1903, the defendant was conducting and operating a rock quarry, from which it was taking large stone for building and other purposes, which said stones were hoisted or raised by means, of ropes, pulleys, and other appliances, and placed…
1Opinion of the CourtTyson, C. J.
The complaint, as originally framed, contained seven counts. To each of these counts, except the fifth, a demurrer was sustained. All of these counts, except the fifth and seventh, Avere amended so as to state a cause of action under subdivision 1 of the employer’s liability act (section 1749 of the Code of 1896). As amended they were not subject to the demurrers interposed.
The seventh count must be treated as having been eliminated from the complaint. To it the demurrer Ava-s sustained, and it does not appear that it Avas subsequently amended to meet the ruling. The fifth, to which the…
2Cases cited4 opinions
- Tennessee Coal, Iron & Railroad v. HerndonSupreme Court of Alabama · 1893
- Laughran v. BrewerSupreme Court of Alabama · 1896
- Tutwiler Coal, Coke & Iron Co. v. FarringtonSupreme Court of Alabama · 1905
- Williamson Iron Co. v. McQueenSupreme Court of Alabama · 1906
3Cited by5 opinions
- Citizen's L. H. & P. Co. v. LeeSupreme Court of Alabama · 1913
- Illinois Central R. R. v. LowerySupreme Court of Alabama · 1913
- Wilson v. Gulf States Steel Co.Supreme Court of Alabama · 1915
- Day v. DowneySupreme Court of Alabama · 1952
- Louisville & Nashville R. R. v. McCoolSupreme Court of Alabama · 1910