Little Cahaba Coal Co. v. Gilbert
Supreme Court of Alabama
Appeal from Bibb Circuit Court. Heard before Hon. B. M. Miller. Action by George F. Gilbert against the Little Cahaba Coal Company for damages for personal injuries sustained while in their employment. Judgment for plaintiff, and defendant appealed. The facts and pleadings sufficiently appear from the opinion, as do the charges given for the plaintiff.
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Appeal from Bibb Circuit Court. Heard before Hon. B. M. Miller. Action by George F. Gilbert against the Little Cahaba Coal Company for damages for personal injuries sustained while in their employment. Judgment for plaintiff, and defendant appealed. The facts and pleadings sufficiently appear from the opinion, as do the charges given for the plaintiff. The following charges were refused the defendant: C. “If the jury believe from the evidence that the plaintiff had escaped from danger, and then went bach voluntarily near where the rock had fallen, without a light and without taking any…
1Opinion of the CourtDowdell, C. J.
This is an action under the Employer’s Liability Act (Code 1907, §§ 3910-3913) for personal injuries received by the plaintiff from the falling upon him of rock from the roof of a mine operated by the defendant. The trial was had upon the first *520and third counts of the complaint, the second and fourth having been charged ont by the court; and, demurrers to said first and third counts having been overruled, the defendant pleaded in short by consent the general issue, with leave to give in evidence any special matter of defense that might be specially pleaded, and with leave to the plaintiff to…
2Cases cited16 opinions
- Louisville & Nashville Railroad v. Allen's Adm'rSupreme Court of Alabama · 1885
- Leach, Harrison & Forwood v. BushSupreme Court of Alabama · 1876
- Merriweather v. Sayre Mining & Mfg. Co.Supreme Court of Alabama · 1909
- Southern Railway v. GuytonSupreme Court of Alabama · 1898
- Jackson Lumber Co. v. CunninghamSupreme Court of Alabama · 1904
11 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Clinton Mining Co. v. BradfordSupreme Court of Alabama · 1917
- Dwight Manufacturing Co. v. HolmesSupreme Court of Alabama · 1916
- Tennessee Coal, Iron & R. R. v. MooreSupreme Court of Alabama · 1915
- Shepherd v. Butcher Tool & Hardware Co.Supreme Court of Alabama · 1916
- Wilson v. Gulf States Steel Co.Supreme Court of Alabama · 1915
11 more not listed; retrieve them via the Exa API.