Tobler v. Pioneer Mining & Mfg. Co.
Supreme Court of Alabama
Appeal from Birmingham City C’onrt. Heard before Hon. O. C. Nesmith. Action by Mary Tobler as administratrix against the Pioneer Mining & Manufacturing. Company, for damages for. the death of her intestate, an employe of the defendant. Judgment for defendant on a directed verdict, and plantiff appeals. Statement of facts by the court.
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Appeal from Birmingham City C’onrt. Heard before Hon. O. C. Nesmith. Action by Mary Tobler as administratrix against the Pioneer Mining & Manufacturing. Company, for damages for. the death of her intestate, an employe of the defendant. Judgment for defendant on a directed verdict, and plantiff appeals. Statement of facts by the court. This was an action by the personal representative of •a deceased servant against the master under the employer’s liability act to recover damages for the injury which resulted in the death of the servant. The action is brought under sections 1751 and 1749 of the…
1Opinion of the CourtMayfield, J.
We will now apply this evidence to this case, and see if it tended to prove, or if it author*503ized the jury to infer, the truth of every material averment of any one count of the complaint. If so, the giving of the general affirmative charge in this case was error.
The first count, among other material' averments, alleges that the death of the plaintiff’s intestate was the result of defects in the condition of defendant’s ways, works, machinery, etc., used in connection with its business ; that the incline railway was defective, the means and appliances for stopping and preventing the car from…
2Cases cited10 opinions
- Hough v. Railway Co.Supreme Court of the United States · 1880
- Burt v. Advertiser Newspaper Co.Massachusetts Supreme Judicial Court · 1891
- Ford v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1872
- Western Railway of Alabama v. MutchSupreme Court of Alabama · 1892
- Smoot v. Mobile & Montgomery Railway Co.Supreme Court of Alabama · 1880
5 more not listed; retrieve them via the Exa API.
3Cited by97 opinions
- McMillan v. AikenSupreme Court of Alabama · 1920
- Nashville, Chattanooga & St. Louis Railway v. CrosbySupreme Court of Alabama · 1915
- Shipp v. SheltonSupreme Court of Alabama · 1915
- Amerson v. Corona Coal & Iron Co.Supreme Court of Alabama · 1915
- Jones v. BellSupreme Court of Alabama · 1917
92 more not listed; retrieve them via the Exa API.