Republic Iron & Steel Co. v. Smith
Supreme Court of Alabama
Appeal from Circuit Court, Jefferson County; John C. Pugh, Judge. Action by W. D. Smith against the Republic Iron & Steel Company. Judgment for plaintiff, and defendant appeals. Suit by appellee against appellant to recover damages alleged to have been sustained by the plaintiff while in the employ of defendant, engaged in the operation of a hoisting apparatus or device used for hoisting the ore from defendant’s mine.
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Appeal from Circuit Court, Jefferson County; John C. Pugh, Judge. Action by W. D. Smith against the Republic Iron & Steel Company. Judgment for plaintiff, and defendant appeals. Suit by appellee against appellant to recover damages alleged to have been sustained by the plaintiff while in the employ of defendant, engaged in the operation of a hoisting apparatus or device used for hoisting the ore from defendant’s mine. The cause went to the jury upon count A, to which the defendant pleaded in short by consent the general issue, assumption of risk, and contributory negligence. The trial…
1Opinion of the CourtGardner, J.
[1] Although the juror ICerr had not been summoned, yet plaintiff announced that he wanted to use him as an expert witness, and he was in fact so used. The court, mindful of its duty to see that trials are impartially had (Underwood v. State, 179 Ala. 9, 60 South. 842), excused the juror from the list of those from which the jury was to be selected, and we are of the opinion this was but the exercise of a wise and prudent discretion of which the defendant cannot complain.
[2] It is next insisted count A was subject to demurrer, in that the averment of the defect in the ways, works, or…
2Cases cited24 opinions
- Tennessee Coal, Iron & R. R. v. SmithSupreme Court of Alabama · 1911
- Clinton Mining Co. v. BradfordSupreme Court of Alabama · 1917
- Burnwell Coal Co. v. SetzerSupreme Court of Alabama · 1914
- Woodward Iron Co. v. MarbutSupreme Court of Alabama · 1913
- Ferguson v. Phoenix Cotton HillsTennessee Supreme Court · 1901
19 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- MacKintosh Co. v. WellsSupreme Court of Alabama · 1928
- Robinson Mining Co. v. SwineySupreme Court of Alabama · 1921
- Harris, Cortner & Co. v. Union Cotton Oil Co.Supreme Court of Alabama · 1922