Choctaw Coal & Mining Co. v. Dodd
Supreme Court of Alabama
Appeal from Circuit Court, Walker County; J. J. Curtis, Judge. Action by P. J. Dodd against the Choctaw Coal & Mining Company for injuries received while in its employment. Judgment for plaintiff, and defendant appeals. The complaint sufficiently appears.
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Appeal from Circuit Court, Walker County; J. J. Curtis, Judge. Action by P. J. Dodd against the Choctaw Coal & Mining Company for injuries received while in its employment. Judgment for plaintiff, and defendant appeals. The complaint sufficiently appears. The following are the pleas referred to: (3) For further answer defendant says that plaintiff was guilty of negligence which contributed proximately to his injury, in this, that plaintiff did not examine his working place under the rock or slate that fell on him before commencing work thereunder, and as a proximate result thereof was thereby…
1Opinion of the CourtThomas, J.
The suit is for damages for personal injuries caused by falling rock from the roof of an entry to defendant’s mine.
Counts 2 and 5, under subdivision 1 of the Employers’ Liability Act (Code 1907, § 3910), charged a defect in said roof, and the failure to sufficiently secure the roof against falling.
Under subdivision 2 of the act count 3 charged that on the 10th day of September, 1915, defendant was engaged in the business of mining coal in Walker county, Ala., and plaintiff was an employé of defendant engaged in the discharge of his duty as such, and that, while so employed, a large rock in…
2Cases cited10 opinions
- Henderson v. Tennessee Coal, Iron & Ry. Co.Supreme Court of Alabama · 1914
- Southern Ry. Co. v. McGowanSupreme Court of Alabama · 1907
- Woodruff v. SmithSupreme Court of Alabama · 1899
- Crews & Green v. ParkerSupreme Court of Alabama · 1916
- Maddox v. Chilton Warehouse & Mfg. Co.Supreme Court of Alabama · 1911
5 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- New York Times Company v. SullivanSupreme Court of Alabama · 1962
- Thomas Furnace Co. v. CarrollSupreme Court of Alabama · 1920
- Jefferson v. Republic Iron & Steel Co.Supreme Court of Alabama · 1922
- Republic Iron & Steel Co. v. HarrisSupreme Court of Alabama · 1918
- Robinson Mining Co. v. SwineySupreme Court of Alabama · 1921
3 more not listed; retrieve them via the Exa API.