Green v. Bessemer Coal, I. & Land Co.
Supreme Court of Alabama
Appeal from Bibb Circuit Court. Heard before Hon. B. M. Miller. Action by Mrs. M. A. Green, administratrix of the estate of W. T. Green, deceased, against the Bessemer Coal, Iron & Land Company.
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Appeal from Bibb Circuit Court. Heard before Hon. B. M. Miller. Action by Mrs. M. A. Green, administratrix of the estate of W. T. Green, deceased, against the Bessemer Coal, Iron & Land Company. The following counts of the complaint are referred to in the opinion: (4) “The plaintiff, as administratrix of the estate of W. T. Green, claims of the defendant, the Bessemer Coal, Iron & Land Company, a corporation, the sum of $15,000 as damages, for that heretofore, to wit, on the 11th day of March, 1907, the defendant was operating a coal mine at or near Belle Ellen, in Bibb county, Ala., by the…
1Opinion of the CourtSayre, J.
Count 4 avers that plaintiff’s intestate at the time of his injury and death was in the service or employment of the defendant in or about the operation of the defendant’s mine. This is not the equivalent of. an allegation that plaintiff’s intestate was at the time engaged in or about the business of.the defendant; that is to say, was at the time engaged in the performance of some duty imposed upon him by his employment. Non constat he was at the immediate time upon some errand or business of his own, although in a general way in the employment of the defendant. There was no error in…
2Cases cited3 opinions
- Birmingham Ry. Light & Power Co. v. MooreSupreme Court of Alabama · 1906
- East Tenn., Va. & Ga. Railroad v. BaylissSupreme Court of Alabama · 1884
- Sloss-Sheffield Steel & Iron Co. v. ChambleeSupreme Court of Alabama · 1909
3Cited by7 opinions
- St. Louis S. F. R. Co. v. DormanSupreme Court of Alabama · 1921
- St.Louis & S. F. R. R. v. SuttonSupreme Court of Alabama · 1910
- Adams v. Southern Railway Co.Supreme Court of Alabama · 1910
- Porter v. Tennessee Coal, Iron & Railway Co.Supreme Court of Alabama · 1912
- Alabama Great Southern Railway Co. v. NealAlabama Court of Appeals · 1913
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