Brilliant Coal Co. v. Barton
Supreme Court of Alabama
Appeal from Circuit Court, Walker County; J. J. Curtis, Judge. Action by Mutie Barton against the Brilliant Coal Company for damages for injuries sustained from the fall of a rock while working in defendant’s coal mine. Judgment for plaintiff, and defendant appeals.
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Appeal from Circuit Court, Walker County; J. J. Curtis, Judge. Action by Mutie Barton against the Brilliant Coal Company for damages for injuries sustained from the fall of a rock while working in defendant’s coal mine. Judgment for plaintiff, and defendant appeals. Counts 1, 2, and A are framed under subdivision 1, § 3910, Code 1907, and charge: (1) That the roof was defective; (2) tliat the rock which thus fell was loose and insecure, and should have been pulled down; and, in' A, that the rock was insufficiently supported or improperly supported. Count D is framed under subdivision 2 of the…
1Opinion
On Rehearing.
SOMERVILLE, J.
[9] Section 29 of the Jury Law does unquestionably declare that the provisions of that act “in the relation to the selection, drawing, summoning or impaneling of jurors” are to be held as directory, and not mandatory. But this very clearly does not apply to section 4635 of the Code, which provides for the constitution of struck juries.
The contention of counsel that this court has never held an irregularity such as this to be reversible error overlooks the cases of B. U. St. Ry. Co. v. Ralph, 92 Ala. 273, 9 South. 222, and Smith v. Kaufman, 100 Ala. 408, 14 South.…
2Cases cited2 opinions
- Birmingham Union Street Railway Co. v. RalphSupreme Court of Alabama · 1890
- Smith v. KaufmanSupreme Court of Alabama · 1893