Alabama Consolidated Coal & Iron Co. v. Heald
Supreme Court of Alabama
Appeal from Etowah Circuit Court. Heard before Hon. John W. Inzer. Action by Pat H. Heald, as administrator, against the Alabama Consolidated Coal & Iron Company, for the death of his intestate. Judgment for plaintiff, and defendant appeals. The rulings as to pleadings and evidence appear with sufficient certainty in the opinion.
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Appeal from Etowah Circuit Court. Heard before Hon. John W. Inzer. Action by Pat H. Heald, as administrator, against the Alabama Consolidated Coal & Iron Company, for the death of his intestate. Judgment for plaintiff, and defendant appeals. The rulings as to pleadings and evidence appear with sufficient certainty in the opinion. For the complaints in the case, see former report thereof in 154 Ala. 580, 45 South. 686. Count 5 added by Avay of amendment is substantially the same as count 3, set out in the former appeal. The charges referred to in the opinion as given for the defendant are as…
1Opinion of the CourtEvans, J.
This is the second appearance of this cause in this court, on appeal taken by the defendant. The original complaint was composed of only one count, the foundation to which was negligence of the master *638(defendant) in not furnishing the servant (plaintiff’s intestate) a reasonably safe place wherein to perform the duties required of him as such servant. At the first trial count No. 3 was added by way of amendment. This count is founded upon subdivision 3 of the employer’s liability act (Code 1896, § 1749).
The point of supreme importance litigated on the former appeal was whether or not the…
2Cases cited50 opinions
- Parrish v. StateSupreme Court of Alabama · 1903
- Hawes v. StateSupreme Court of Alabama · 1889
- Miller v. StateSupreme Court of Alabama · 1894
- Alabama Great Southern Railroad v. McWhorterSupreme Court of Alabama · 1908
- Braham v. StateSupreme Court of Alabama · 1904
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3Cited by36 opinions
- Wear v. WearSupreme Court of Alabama · 1916
- Birmingham R. L. & P. Co. v. SaxonSupreme Court of Alabama · 1912
- Burnwell Coal Co. v. SetzerSupreme Court of Alabama · 1914
- Baldwin v. McClendonSupreme Court of Alabama · 1974
- Ford Motor Co. v. RodgersSupreme Court of Alabama · 1976
31 more not listed; retrieve them via the Exa API.