Worthington & Co. v. Mencer
Supreme Court of Alabama
Appeal from the City Court of Birmingham. Tried before the Hon. H. A. Shaiípe. This action was brought by Alonzo F. Mencer, suing by his next friend, J- H. Dean, against the appellants, J. W. Worthington, and others, as partners, composing the firm of J. W. Worthington & Oo., to recover damages for personal injuries sustained by plaintiff while in defendants’ employment. The pleas were the general issue, and contributory negligence.
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Appeal from the City Court of Birmingham. Tried before the Hon. H. A. Shaiípe. This action was brought by Alonzo F. Mencer, suing by his next friend, J- H. Dean, against the appellants, J. W. Worthington, and others, as partners, composing the firm of J. W. Worthington & Oo., to recover damages for personal injuries sustained by plaintiff while in defendants’ employment. The pleas were the general issue, and contributory negligence. On the trial, the plaintiff was examined, as a witness in his own behalf. The defendants did not at that time object to his testifying; but, after all the…
1Opinion of the CourtWalker, J.
When the appellee received the injury which is the occasion of this suit he was employed as a track-hand at the mines of the appellants. The entries from which the ore was mined were on the side of a mountain. An inclined railroad was used in carrying the ore from the entries down the mountain side. There were two parallel *313tracks. Tlie dumps or cages on which the ore was carried ran on one of them. A dummy or weight ran on the other track. The cage and the dummy were connected by a wire rope which passed over a pulley or wheel situated above the tracks on the mountain side. "When the cage was…
2Cases cited3 opinions
- District of Columbia v. ArmesSupreme Court of the United States · 1883
- Holcomb v. HolcombSupreme Court of Connecticut · 1859
- Cannady v. LynchSupreme Court of Minnesota · 1881
3Cited by14 opinions
- Garrett v. StateSupreme Court of Alabama · 1958
- McKinstry v. City of TuscaloosaSupreme Court of Alabama · 1910
- People v. EnrightIllinois Supreme Court · 1912
- Orton v. GaySupreme Court of Alabama · 1970
- Koch v. FoxAppellate Division of the Supreme Court of the State of New York · 1902
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