Whatley v. Zenida Coal Co.
Supreme Court of Alabama
Appeal from the Circuit Court of Shelby. Tried before the 1-Ion. George E. Brewer. This action was brought by the appellant, Tyre W. Whatley, as administrator of the estate of Tlios. J. Whatley, deceased, against the Zenida Coal Company, to recover damages for the alleged negligent killing of plaintiff’s intestate. The complaint as amended contained six counts.
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Appeal from the Circuit Court of Shelby. Tried before the 1-Ion. George E. Brewer. This action was brought by the appellant, Tyre W. Whatley, as administrator of the estate of Tlios. J. Whatley, deceased, against the Zenida Coal Company, to recover damages for the alleged negligent killing of plaintiff’s intestate. The complaint as amended contained six counts. The first count was as follows: “The plaintiff as such administrator claims of the defendant the sum of ten thousand dollars as damages, for that whereas on August 22d, 1893, the defendant Zenida Coal Co., a corporation, was engaged in…
1Opinion of the CourtMcCLELLAN, C. J.
— The first count of the complaint was bad in that it did not specify the defect in defendant’s ways, Avorks, machinery or plant of AAdiieli it complains.
It cannot as matter of law be said to be the duty of persons operating coal mines to cut a mamvay, different and separate from the slojie through Aidiicli coal is brought to the surface, for the ingress and egress of their employes. Count 4, therefore, presented no cause of action.
The 5th count ascribed intestate’s death to the negligence of a person in charge of a stationary engine. This person Avas a felloAV servant of the deceased; and…
2Cited by17 opinions
- Woodward Iron Co. v. MarbutSupreme Court of Alabama · 1913
- Alabama Steel & Wire Co. v. GriffinSupreme Court of Alabama · 1907
- Sloss-Sheffield Steel & Iron Co. v. MolbleySupreme Court of Alabama · 1903
- West Pratt Coal Co. v. AndrewsSupreme Court of Alabama · 1901
- Indianapolis & Greenfield Rapid Transit Co. v. AndisIndiana Court of Appeals · 1904
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