Pioneer Mining & Mfg. Co. v. Smith
Supreme Court of Alabama
Appeal from Birmingham City Court. Heard before Hon. C. W. Ferguson. Action by A. J. Smith, administrator, against the Pioneer Mining & Manufacturing Company. From a judgment for plaintiff, defendant appeals.
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Appeal from Birmingham City Court. Heard before Hon. C. W. Ferguson. Action by A. J. Smith, administrator, against the Pioneer Mining & Manufacturing Company. From a judgment for plaintiff, defendant appeals. This was an.action begun by appellee against appellant, under subdivision 1, § 1749, Code 1896. The defect alleged is that the roof of the main entry of defendant’s mine was- so insecurely supported that a portion thereof fell upon plaintiff’s intestate, injuring him as aforesaid, so that he died; also the negligence of the master, or some person in the service of the master and…
1Opinion of the CourtAnderson, J.
The-' appellant’s counsel insists upon a reversal of this cause solely upon the refusal of the trial court to give the general charge requested by the defendant. The complaint was predicated upon subdivision 1 of the employer’s liability act (section 1749 of the Code of 1896). There was proof of the defect complained of, that it was known to the master, that the master negligently failed to remedy the same; and that said negligence was the proximate ■ cause of the intestate’s death; and the defendant was not entitled to the' general charge under the general issue. •
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2Cases cited7 opinions
- Southern Railway v. GuytonSupreme Court of Alabama · 1898
- Burgess v. Davis Sulphur Ore Co.Massachusetts Supreme Judicial Court · 1896
- People ex rel. Wiley v. Judge of Allegan CircuitMichigan Supreme Court · 1874
- Haas v. BalchCourt of Appeals for the Eighth Circuit · 1893
- Sloss Iron & Steele Co. v. KnowlesSupreme Court of Alabama · 1900
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- Little Cahaba Coal Co. v. GilbertSupreme Court of Alabama · 1912
- Alverson v. Little Cahaba Coal Co.Supreme Court of Alabama · 1917
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