Sloss-Sheffield Steel & Iron Co. v. Brooks
Supreme Court of Alabama
Appeal from Circuit Court, Jefferson County ; John C. Pugh, Judge. Action by Mrs. Lois T. Brooks, as administratrix of the estate of A. H. Brooks, deceased, against the Sloss-Sheffield Steel & Iron Company, for damages for the death of her intestate employed in defendant’s mine. From judgment for plaintiff, defendant appeals. A count under subdivision 2 should set forth the particular act of superintendence relied on.
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Appeal from Circuit Court, Jefferson County ; John C. Pugh, Judge. Action by Mrs. Lois T. Brooks, as administratrix of the estate of A. H. Brooks, deceased, against the Sloss-Sheffield Steel & Iron Company, for damages for the death of her intestate employed in defendant’s mine. From judgment for plaintiff, defendant appeals. A count under subdivision 2 should set forth the particular act of superintendence relied on. Count 4 is therefore subject to the demurrer. 183 Ala. 310, 62 South. 804; 201 Ala. 551, 78 South. 906; 2 Labatt, M. & S. § 6S7. Pate’s order or direction to the intestate was…
1Opinion of the CourtThomas, J.
The suit was for personal injury received by an employee.
The submission to the jury was on counts 4, 5, 6, and 7. Count 4 is for negligence based on subdivision 2 of the Employers’ Liability Act; count 5 is framed under subdivision 5, charging negligence on the part of a person in control of a car upon a railway in defendant’s mine in failing to have a light or signal upon said car or cars at the time of said injury; and counts 6 and 7 are framed under the second subdivision, charging wantonness to a superintendent or servant in charge of a car upon a railway operated in defendant’s mine.…
2Cases cited17 opinions
- Tobler v. Pioneer Mining & Mfg. Co.Supreme Court of Alabama · 1909
- Republic Iron & Steel Co. v. QuintonSupreme Court of Alabama · 1915
- Woodward Iron Co. v. MarbutSupreme Court of Alabama · 1913
- Ferdon v. DickensSupreme Court of Alabama · 1909
- Bromley v. Birmingham Mineral RailroadSupreme Court of Alabama · 1891
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3Cited by4 opinions
- Schmidt v. Mobile Light R. Co.Supreme Court of Alabama · 1920
- Alabama Great Southern R. Co. v. CornettSupreme Court of Alabama · 1925
- Louisville N. R. Co. v. FranksSupreme Court of Alabama · 1921
- Woodward Iron Co. v. ThompsonSupreme Court of Alabama · 1922