Republic Iron & Steel Co. v. Williams
Supreme Court of Alabama
Apeal from Birmingham City Court. Heard before Hon. H. A. Sharpe. Action by William Williams, an employee, against the Republic Iron & Steel Company for damages. Judgment for plaintiff, and defendant appeals. The substance of the complaint is sufficiently set out in the opinion, as are the facts in this case.
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Apeal from Birmingham City Court. Heard before Hon. H. A. Sharpe. Action by William Williams, an employee, against the Republic Iron & Steel Company for damages. Judgment for plaintiff, and defendant appeals. The substance of the complaint is sufficiently set out in the opinion, as are the facts in this case. The following charges were refused to the defendant: (6) “The court charges the jury that you cannot find for the plaintiff under the second count of this complaint, unless he has reasonably satisfied you from the testimony that his foreman negligently failed to warn him of the danger-on…
1Opinion of the CourtSayre, J.
It is entirely clear that the second count of the complaint is framed under subdivision 3 of the employer’s liability act (section 3910 of the Code). After stating the common employment of plaintiff and the employee of whose negligence he complains, and that both were acting in the discharge of duty under their employment in or about repairing a furnace of the defendant employer, the count avers that plaintiff went into the furnace where an acid gas or liquid dripped into his eye causing damage. The count proceeds: “Plaintiff further avers that he suffered said injuries and damage, as…
2Cases cited13 opinions
- Mobile & Ohio Railroad v. GeorgeSupreme Court of Alabama · 1891
- Leach, Harrison & Forwood v. BushSupreme Court of Alabama · 1876
- Holland v. Tenn. Coal, Iron & RailroadSupreme Court of Alabama · 1890
- Johnson v. Birmingham Railway L. & P. Co.Supreme Court of Alabama · 1907
- Decatur Car Wheel & Manufacturing Co. v. MehaffeySupreme Court of Alabama · 1900
8 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Jackson v. VaughnSupreme Court of Alabama · 1920
- Dwight Manufacturing Co. v. HolmesSupreme Court of Alabama · 1916
- Wright v. McCordSupreme Court of Alabama · 1920
- Tennessee Coal, Iron & R. R. v. MooreSupreme Court of Alabama · 1915
- Alabama G. S. R. R. v. FlinnSupreme Court of Alabama · 1917
20 more not listed; retrieve them via the Exa API.