Alabama Consolidated C. & I. Co. v. Hammond
Supreme Court of Alabama
Appeal from Etowah Circuit Court. Heard before Hon. W. W. Haralson. Action by N. W. Hammond as administrator against the Alabama Consolidated Coal & Iron Company for the death of his intestate alleged to have been caused by a rock falling from the quarry walls. From a judgment for plaintiff defendant appeals. Counsel discuss assignments of error but without citation of authority. Counsel discuss assignments of error, but without citation of authority.
1Opinion of the CourtTyson, C. J.
The complaint, when filed, contained four counts, numbered 1, 2, 3, and 4. It was subsequently amended by adding counts numbered 5 and 6. The *255finding of the jury was expressly npon counts numbered 2 and 3, thus eliminating from consideration all rulings of the court respecting the sufficiency of all counts other than these two, and all pleas interposed to the others.
The first of these was clearly attempted to be framed under subdivision 3 of the employer’s liability act (section 3910 of the Code of 1907.) ’ After averring the relation of master and servant between plaintiff’s intestate and…
2Cases cited3 opinions
- Geo. Pacific Railway Co. v. DavisSupreme Court of Alabama · 1890
- Bridges v. Tennessee Coal, Iron & RailroadSupreme Court of Alabama · 1895
- Birmingham Furnace & Manufacturing Co. v. GrossSupreme Court of Alabama · 1892
3Cited by13 opinions
- Citizen's L. H. & P. Co. v. LeeSupreme Court of Alabama · 1913
- Dwight Manufacturing Co. v. HolmesSupreme Court of Alabama · 1916
- Langhorne v. SimingtonSupreme Court of Alabama · 1914
- Republic Iron & Steel Co. v. WilliamsSupreme Court of Alabama · 1911
- Wilson v. Gulf States Steel Co.Supreme Court of Alabama · 1915
8 more not listed; retrieve them via the Exa API.