Bear Creek Mill Co. v. Parker
Supreme Court of Alabama
Appeal from the 'Circuit Court of Monroe. Tried before the Hon. John O. Anderson. This suit was brought by the appellee, George Parker, against, the appellant, the Bear Greek Mill Go-., to recover damages for personal injuries sustained by the plaintiff while in the employ of the defendant as a train hand or loader. The complaint contained five counts. Fndet the opinion it is only necessary to refer to the 1st, 3d and 5th counts.
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Appeal from the 'Circuit Court of Monroe. Tried before the Hon. John O. Anderson. This suit was brought by the appellee, George Parker, against, the appellant, the Bear Greek Mill Go-., to recover damages for personal injuries sustained by the plaintiff while in the employ of the defendant as a train hand or loader. The complaint contained five counts. Fndet the opinion it is only necessary to refer to the 1st, 3d and 5th counts. The substance of the 1st count is sufficiently stated in the opinion. The 3d and 5th counts are as follows: “Third count. Plaintiff further claims of the deten dan t…
1Opinion of the CourtHaralson, J.
The errors assigned are for the overruling of the demurrers to the several counts, and for sustaining demurrers to the 3, 1, 5, 6, 8, 9, 10, 12, 13, 11, 15, 17 and 18 pleas. Defendant’s counsel in brief waived the errors assigned to the 2d and 1th counts of the complaint, and admit that they are good, leaving the 1, 3 and 5 to be considered.
1. It. would seem, that count 1 of the complaint, from its averments ivas filed under both subdivisions 2 and 3 of the Employer’s Liability Act (Code, § 1719), which it was competent to do, if the grounds provided *300for in the two, concurred to produce the…
2Cases cited6 opinions
- Armstrong v. Montgomery Street Railway Co.Supreme Court of Alabama · 1898
- Dantzler v. DeBardeleben Coal & Iron Co.Supreme Court of Alabama · 1893
- Alabama Great Southern Railroad v. DavisSupreme Court of Alabama · 1898
- Bridges v. Tennessee Coal, Iron & RailroadSupreme Court of Alabama · 1895
- Hissong v. Richmond & Danville RailroadSupreme Court of Alabama · 1890
1 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Creola Lumber Co. v. MillsSupreme Court of Alabama · 1906
- Republic Iron & Steel Co. v. WilliamsSupreme Court of Alabama · 1911
- Sloss Iron & Steel Co. v. TilsonSupreme Court of Alabama · 1904
- Southern Ry. Co. v. McGowanSupreme Court of Alabama · 1907
- Birmingham Ry. Light & Power Co. v. JonesSupreme Court of Alabama · 1906
14 more not listed; retrieve them via the Exa API.