Ala. Connelsville Coal & Coke Co. v. Pitts
Supreme Court of Alabama
Appeal from Birmingham City Court: Tried, before the Hon. W. W. Wilkeeson. Action by Battise Pitts, as administrator of Peter Pitts, against the- Alabama Connellsville Coal & Iron Co., to recover damages for the death of Peter Pitts. All the facts pertaining to the pleadings and as disclosed in the bill of exceptions are sufficiently stated in the opinion.
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Appeal from Birmingham City Court: Tried, before the Hon. W. W. Wilkeeson. Action by Battise Pitts, as administrator of Peter Pitts, against the- Alabama Connellsville Coal & Iron Co., to recover damages for the death of Peter Pitts. All the facts pertaining to the pleadings and as disclosed in the bill of exceptions are sufficiently stated in the opinion. After the introduction of all the evidence, and after the court bad charged the jury on the law applicable to the case, the plaintiff moved for leave to strike count No. 3 from the complaint, and amend count No. 2. The defendant objected to…
1Opinion of the CourtStone, C. J.
This action is brought under the employer’s act, § 2590, Code of 1886. It counts on the negligent and unlawful killing of Peter Pitts, an employe of the appellant corporation. • The complaint was amended by striking out the third count, and the trial was had on the remaining four counts. A demurrer was interposed to each of the counts of the complaint, which the City Court overruled ; but that ruling is not assigned as error.
The appellant corporation was operating a coal pit. It had an elevated tramway, erected and operated for the purpose of removing the refuse which was mined with the coal.…
2Cases cited10 opinions
- Washington & Georgetown Railroad v. McDadeSupreme Court of the United States · 1890
- Mobile & Ohio Railroad v. GeorgeSupreme Court of Alabama · 1891
- Geo. Pacific Railway Co. v. DavisSupreme Court of Alabama · 1890
- Louisville & Nashville Railroad v. Allen's Adm'rSupreme Court of Alabama · 1885
- Georgia Pacific Railway Co. v. PropstSupreme Court of Alabama · 1887
5 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Tennessee Coal, Iron & Railroad v. HerndonSupreme Court of Alabama · 1893
- J. H. Burton Sons Co. v. MaySupreme Court of Alabama · 1925
- Harbison-Walker Refractories Co. v. ScottSupreme Court of Alabama · 1914
- Stewart v. Sloss-Sheffield Steel & Iron Co.Supreme Court of Alabama · 1910
- Oden-Elliott Lumber Co. v. Daniel-Gaddis Lumber Co.Supreme Court of Alabama · 1923
4 more not listed; retrieve them via the Exa API.