Cahaba Coal Co. v. Elliott
Supreme Court of Alabama
Appeal from Shelby Circuit Court. Action by J. T. Elliott against the Cahaba Coal Company, for injuries, while in its employment. Judgment for plaintiff, and defendant appeals.
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Appeal from Shelby Circuit Court. Action by J. T. Elliott against the Cahaba Coal Company, for injuries, while in its employment. Judgment for plaintiff, and defendant appeals. Count 11 is as follows: “Plaintiff claims of defendant the sum of $25,000 as damages for that whereas, on or about the 1st day of April, 1912, defendant was operating a coal mine in Shelby county, Ala., in connection with which it operated coal mining machinery, consisting of, among other things, a hopper, in which rock was dumped, and a tramway extending from under said hopper out and away from the same at a…
1Opinion of the CourtMcCLELLAN, J.
— Action by servant (appellee) against the master (appellant) for damages for personal injuries received while engaged in the masters service. Of the 16 counts filed, only count 11 was sub*301mittecl to the jury. That count was designed to state a cause of action under subdivision 2 of the Liability Act (Code, § 3910). The report of the appeal will contain count 11.
Upon the authority of Woodward Iron Company v. Marbut, infra, 62 South. 804, in treating count 1 in that case, the majority of the court hold that count 11 was subject to the demurrer, which the trial court overruled. The reversal of…
2Cases cited5 opinions
- Woodward Iron Co. v. MarbutSupreme Court of Alabama · 1913
- Alabama Great Southern Railroad v. DavisSupreme Court of Alabama · 1898
- Creola Lumber Co. v. MillsSupreme Court of Alabama · 1906
- Maddox v. Chilton Warehouse & Mfg. Co.Supreme Court of Alabama · 1911
- Goggans v. MyrickSupreme Court of Alabama · 1901
3Cited by26 opinions
- Wright v. McCordSupreme Court of Alabama · 1920
- Hammons v. HammonsSupreme Court of Alabama · 1933
- Turner v. BlantonSupreme Court of Alabama · 1965
- Trans-Continental Mutual Insurance Co. v. HarrisonSupreme Court of Alabama · 1955
- Alabama Chemical Co. v. HallSupreme Court of Alabama · 1926
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