Sloss-Sheffield Steel & Iron Co. v. Smith
Supreme Court of Alabama
Appeal from Walker Law and Equity C'onrt. Heard before Hon. Thomas L. Sowell. Action by S. A. Smith against the Sloss-Sheffield Steel & Iron Company for personal injuries sustained by an employe. Judgment for plaintiff and defendant appeals. The court should have sustained the demurrer to the first count of the complaint, since the cause alleged constituted no part of the ways, works, machinery, etc. — Bir. F. Go. v. Gross, 97 Ala. 220; Southern By.
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Appeal from Walker Law and Equity C'onrt. Heard before Hon. Thomas L. Sowell. Action by S. A. Smith against the Sloss-Sheffield Steel & Iron Company for personal injuries sustained by an employe. Judgment for plaintiff and defendant appeals. The court should have sustained the demurrer to the first count of the complaint, since the cause alleged constituted no part of the ways, works, machinery, etc. — Bir. F. Go. v. Gross, 97 Ala. 220; Southern By. Go. v. Moore, 128 Ala. 435; Sloss S. S. & I. Go. v. Mobley, 139 Ala. 425; Holland v. Tenn. O. I. & B. B. Go., 91 Ala. 450. The court should have…
1Opinion of the CourtMayfield, J.
Count 1 of the complaint was as follows: “The plaintiff, S. A. Smith, claims of the defendant, Sloss-Sheffield Steel & Iron Comupany, a corporation, $5,000 as damages, for that on, to wit, the 22d day of September, 1906, the defendant was a corporation in Walker county, Alabama, and was engaged in building a trestle and the plaintiff was an employe of the defendant, and was working on said trestle for defendant, and whilst so engaged on, to wit, the date ■above specified, plaintiff had the bone in his right arm fractured, and his right arm otherwise injured, and his left arm and wrist was…
2Cases cited13 opinions
- Kansas City, Memphis & Birmingham Railroad v. BurtonSupreme Court of Alabama · 1892
- Highland Avenue & Belt Railroad v. DusenberrySupreme Court of Alabama · 1891
- State v. WarrenCourt of Appeals of Maryland · 1893
- Louisville & Nashville Railroad v. MothershedSupreme Court of Alabama · 1892
- Southern Railway Co. v. BuntSupreme Court of Alabama · 1901
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3Cited by17 opinions
- Jones v. Americar, Inc.Supreme Court of Alabama · 1969
- Louisville & Nashville R. R. v. AbernathySupreme Court of Alabama · 1916
- MUTUAL BENEFIT HEALTH & A. ASS'N OF OMAHA v. BullardSupreme Court of Alabama · 1960
- City of Bessemer v. ClowdusSupreme Court of Alabama · 1954
- Doullut Williams v. HoffmanSupreme Court of Alabama · 1920
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