Clark v. Choctaw Mining Co.
Supreme Court of Alabama
Appeal from Circuit Court, Walker County ; J. J. Curtis, Judge. Action by Sam Clark against the Choctaw Mining Company. Judgment for defendant, and plaintiff appeals.
1Opinion of the Court
McCLELLAN, j.
[1] The plaintiff Clark, was injured by rock falling upon him in the room of a coal mine operated by the defendant (appellee), in which room he was then engaged in loading coal on a car under his employment by, and in the service of, one Latham who, as a contractor with defendant, had contracted to mine coal in certain parts of defendant’s mine at a stipulated compensation a ton. The appellant asserts that his. first count was intended to declare upon the breach by the defendant, the mine operator, of the duty established and defined in section 38 of the act approved April 18,…
2Cited by4 opinions
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