United States Cast Iron Pipe & Foundry Co. v. Caldwell
Supreme Court of Alabama
Appeal from Circuit Court, Jefferson County ; J. C. B. Gwin, Judge. Action by H. O. Caldwell and Fannie Caldwell against the United States Cast Iron Pipe & Foundry Company and others for damages. From a judgment for plaintiff, the named defendant appeals. Plaintiffs sue for damages for the death of their intestate through the negligence of defendants.
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Appeal from Circuit Court, Jefferson County ; J. C. B. Gwin, Judge. Action by H. O. Caldwell and Fannie Caldwell against the United States Cast Iron Pipe & Foundry Company and others for damages. From a judgment for plaintiff, the named defendant appeals. Plaintiffs sue for damages for the death of their intestate through the negligence of defendants. The action was originally against one Hugh Friel, but by amendment the United States Cast Iron Pipe & Foundry Company and the Kirkpatrick Drilling Company were made joint defendants with Friel. The case was tried on counts 5 and 11 of the…
1Opinion of the CourtSomerville, J.
Conceding, without deciding, that the evidence .is sufficient to support a finding by the jury that the defendant Friel was personally interested in having the coal mine opened and. operated for experimental purposes, and that he not only authorized the miner Geis to do so, but actually employed him for that purpose, nevertheless plaintiff’s case against the appellant corporation must be held to be without support in the evidence.
[1] Under the allegations of the complaint, plaintiffs could not recover unless they showed that the intestate was an employee of appellant corporation in the…
2Cases cited8 opinions
- Roberts v. WilliamsSupreme Court of Alabama · 1916
- Harris v. McNamaraSupreme Court of Alabama · 1892
- Scoggins v. Atlantic & G. P. Cement Co.Supreme Court of Alabama · 1912
- Connors-Weyman Steel Co. v. KilgoreSupreme Court of Alabama · 1914
- Dallas Manfg. Co. v. TownesSupreme Court of Alabama · 1906
3 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Birmingham Post Co. v. SturgeonSupreme Court of Alabama · 1933
- White v. StateSupreme Court of Alabama · 1923
- General Exchange Ins. Corporation v. FindlaySupreme Court of Alabama · 1929
- Hackney v. DudleySupreme Court of Alabama · 1927
- Daves v. RainSupreme Court of Alabama · 1937
4 more not listed; retrieve them via the Exa API.