Sloss-Sheffield Steel & Iron Co. v. Stapp
Supreme Court of Alabama
Appeal from Jefferson Circuit Court. Heard before Hon. C. D. Smith. Action by Lizzie L. Stapp, as administratrix, against the Sloss-Sheffield Steel & Iron Company, for damages for the death of her intestate, while in the employment of defendant. Judgment for plaintiff, and defendant appeals.
1Opinion of the CourtMayfield, J.
The action is under the Employer’s Liability Act, for the wrongful death of a servant. There were' 14 counts in the complaint, but all were eliminated except- one, the last. It declared under the first subdivision of the act, and the defect alleged and relied upon for a recovery was that “the means used for holding said trip of cars stationary upon the upper yard of defendant’s said mine was defective.” Intestate was engaged in mining coal as a servant of the defendant, and was killed in the mine by a trip of tram cars getting loose and running back into the mine by gravity.
The defendant…
2Cases cited4 opinions
- Birmingham Railway & Electric Co. v. AllenSupreme Court of Alabama · 1892
- Maddox v. Chilton Warehouse & Mfg. Co.Supreme Court of Alabama · 1911
- United States Cast Iron, Pipe & Foundry Co. v. GrangerSupreme Court of Alabama · 1911
- Adams v. Corona Coal & Iron Co.Supreme Court of Alabama · 1913
3Cited by5 opinions
- Clinton Mining Co. v. BradfordSupreme Court of Alabama · 1917
- Reynolds v. Woodward Iron Co.Supreme Court of Alabama · 1917
- United States C. I. P. & F. Co. v. WarnerSupreme Court of Alabama · 1916
- American Coal Mining Co. v. LewisIndiana Court of Appeals · 1922
- Kyzer v. Kaul Lumber Co.Supreme Court of Alabama · 1917