Legal Opinion

Sloss-Sheffield S. & I. Co. v. Bearden

Supreme Court of Alabama

Decided December 21, 1916PublishedCited by 6 opinions

Appeal from Franklin Circuit Court. Heard before Hon. C. P. Almon. • Action by Willie Bearden, pro ami, against the Sloss-Sheffield Steel & Iron Company. Judgment for plaintiff, and defendant appeals. Suit by appellee against appellant for recovery of damages sustained while in the employ of appellant at its iron ore mine in Franklin county.

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Appeal from Franklin Circuit Court. Heard before Hon. C. P. Almon. • Action by Willie Bearden, pro ami, against the Sloss-Sheffield Steel & Iron Company. Judgment for plaintiff, and defendant appeals. Suit by appellee against appellant for recovery of damages sustained while in the employ of appellant at its iron ore mine in Franklin county. The counts upon which the trial was had, numbered 2, 3, and 4, rest for recovery upon the wrongful employment of the plaintiff by the defendant as in violation of section 1085 of the Code, the plaintiff being under the age of 14. The trial resulted in a…

1Per curiam

— While this court held in Cole v. Sloss-Sheffield S. & I. Co., 186 Ala. 192, 65 South. 177, Ann. Cas. 1916E,

*13399, that section 1035 of the Code of 1907 applied to ore as well as coal mines, we think that, regardless of the technical definition of the word ‘mine,” it was the legislative purpose to protect employees in underground mines, whether coal or ore, and not in’ open or surface mines such as the one here involved. The trial court erroneously applied said statute to the mine in question, and therein committed reversible error. The judgment will be reversed, and the cause remanded.

Anderson,…

2Cases cited1 opinion

  1. Cole v. Sloss-Sheffield Steel & Iron Co.Supreme Court of Alabama · 1914

3Cited by6 opinions

  1. Atlas Milling Co. v. JonesCourt of Appeals for the Tenth Circuit · 1940
  2. State v. McCullySupreme Court of Louisiana · 1975
  3. Carter Oil Co. v. BlairSupreme Court of Alabama · 1951
  4. Sloss-Sheffield Steel & Iron Co. v. BeardenSupreme Court of Alabama · 1918
  5. Sheffield Iron Corporation v. DennisSupreme Court of Alabama · 1920

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