Robinson Mining Co. v. Tolbert
Supreme Court of Alabama
Appeal from Jefferson Circuit Court. Tried before Hon. A. A. Coleman. The plaintiff, Samuel Tolbert, sought to recover against his. employer, appellant, for personal injuries alleged to have been caused by the negligence of one Frierson, in defendant’s employment and entrusted by it with superintendence, while in the exercise of such superintendence.
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Appeal from Jefferson Circuit Court. Tried before Hon. A. A. Coleman. The plaintiff, Samuel Tolbert, sought to recover against his. employer, appellant, for personal injuries alleged to have been caused by the negligence of one Frierson, in defendant’s employment and entrusted by it with superintendence, while in the exercise of such superintendence. There were several counts in the complaint, all of which, except the second and third, were removed from the ease by rulings upon pleadings or charges given at defendant’s request. The second count ascribed the injuries to Freirson’s negligence…
1Opinion of the CourtHaralson, J.
— The case Avas tried alone on the second and third counts in the complaint, on Avhich issue Avas joined, after a demurrer to the third count was overruled. The other counts Avere eliminated by the rulings of the court, in favor of the defendant. There AA'ere no questions raised on the introduction of evidence, and the only questions presented for revieAV are the overruling of the defendant’s demurrer to the third count, and in the refusal of the court to give the seA'eral charges requested by defendant.
The averment of negligence in the third count is, that plaintiff “received said injuries…
2Cases cited5 opinions
- Louisville & Nashville Railroad v. Allen's Adm'rSupreme Court of Alabama · 1885
- Holland v. Tenn. Coal, Iron & RailroadSupreme Court of Alabama · 1890
- Perry v. MarshSupreme Court of Alabama · 1854
- Louisville & Nashville Railroad v. CoultonSupreme Court of Alabama · 1888
- Louisville & Nashville Railroad v. BolandSupreme Court of Alabama · 1893
3Cited by31 opinions
- Weber v. MadisonSupreme Court of Iowa · 1977
- Johnson v. Birmingham Railway L. & P. Co.Supreme Court of Alabama · 1907
- Alabama Consolidated Coal & Iron Co. v. HealdSupreme Court of Alabama · 1910
- Central of Georgia Railway Co. v. EllisonSupreme Court of Alabama · 1916
- Western Ry. v. RussellSupreme Court of Alabama · 1905
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