Eureka Co. v. Bass
Supreme Court of Alabama
Appeal from tbe City Court of Birmingham. Tried beiore tbe Hon. H. A. Sharpe. This was an action by the appellee, William J. Bass, as the administrator of John Moyle, deceased, against thfe appellant, the Eureka Company. The nature of the case is stated in the opinion. The complaint as amended contained four counts.
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Appeal from tbe City Court of Birmingham. Tried beiore tbe Hon. H. A. Sharpe. This was an action by the appellee, William J. Bass, as the administrator of John Moyle, deceased, against thfe appellant, the Eureka Company. The nature of the case is stated in the opinion. The complaint as amended contained four counts. The first count alleged, generally, that the death of Moyle (for damages for which the suit was brought) “was caused by the wrongful act, omission, or culpable negligence of the defendant, or by the wrongful act, omission, or culpable negligence of some officer or agent of…
1Opinion of the CourtSomeryille, J.
— The action is brought for the alleged negligent killing of the plaintiff’s intestate, one Moyle, an employee of the defendant, which occurred whiíe the deceased was engaged in superintending the blasting of iron-ore in the defendant’s mine, and was produced by the explosion of dynamite used in the process of blasting. The accident occurred in December of the year 1884. The preparation for blasting was conducted by drilling a long narrow hole in the iron-ore rock, five or six feet deep, and about one and a half or two inches in diameter. In this cavity was inserted a dynamite cartridge, to…
2Cases cited10 opinions
- Laning v. . N.Y.C.R.R. Co.New York Court of Appeals · 1872
- City Council of Montgomery v. WrightSupreme Court of Alabama · 1882
- Missouri Furnace Co. v. AbendIllinois Supreme Court · 1883
- Louisville & Nashville Railroad v. Allen's Adm'rSupreme Court of Alabama · 1885
- Corcoran v. . HolbrookNew York Court of Appeals · 1875
5 more not listed; retrieve them via the Exa API.
3Cited by48 opinions
- Hunter v. Colfax Consolidated Coal Co.Supreme Court of Iowa · 1915
- Mayor of Birmingham v. McCarySupreme Court of Alabama · 1887
- Alabama Consolidated Coal & Iron Co. v. HealdSupreme Court of Alabama · 1910
- Montgomery Gas-Light Co. v. Montgomery & Eufaula Railway Co.Supreme Court of Alabama · 1888
- Southern Railway v. GuytonSupreme Court of Alabama · 1898
43 more not listed; retrieve them via the Exa API.