Koger v. Roden Coal Co.
Supreme Court of Alabama
Appeal from Bibb Circuit Court. Heard before Hon. B. M. Miller. Action by Mrs. L. C. Koger against the Roden Coal Company, for damages for the death of her intestate. Judgment for defendant and plaintiff appeals.
1Opinion of the CourtMayfield, J.
Appellant sued under the Employer’s Liability Act (Code 1907, § 3910), to recover damages for the wrongful death of her son. In the complaint there were also counts declaring on the master’s common-law duty to furnish a safe place for his servants to work in, and ascribing the death of intestate to a breach of this duty. It therefore affirmatively appears that the plaintiff cannot recover unless she proves the material allegations of at least one count of the complaint.
(1-3) The relation of master and servant between the defendant and the deceased is alleged in each count; and this, being a…
2Cases cited1 opinion
- Scales v. Central Iron & Coal Co.Supreme Court of Alabama · 1911
3Cited by16 opinions
- Griffin Lumber Co. v. HarperSupreme Court of Alabama · 1946
- St. Louis S. F. R. Co. v. DormanSupreme Court of Alabama · 1921
- Carter Oil Co. v. Independent Torpedo Co.Supreme Court of Oklahoma · 1924
- Alabama Power Co. v. BryantSupreme Court of Alabama · 1933
- Harbin v. MooreSupreme Court of Alabama · 1937
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