Sloss-Sheffield Steel & Iron Co. v. Thomas
Supreme Court of Alabama
Appeal from Circuit Court, Franklin County ; J. J. Curtis, Judge. Suit by Joe Tbomas a minor, by next friend against tbe Sloss-Sheffield Steel & Iron Company. Judgment for plaintiff, and defendant appeals. Suit by Joe Thomas, a minor, by bis next friend, against defendant (appellant) to recover damages for injuries sustained while he was employed by defendant in its , ore mines in Franklin county.
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Appeal from Circuit Court, Franklin County ; J. J. Curtis, Judge. Suit by Joe Tbomas a minor, by next friend against tbe Sloss-Sheffield Steel & Iron Company. Judgment for plaintiff, and defendant appeals. Suit by Joe Thomas, a minor, by bis next friend, against defendant (appellant) to recover damages for injuries sustained while he was employed by defendant in its , ore mines in Franklin county. The cause was tried on count 5 of the complaint and defendant’s plea of general issue and contributory negligence, resulting in a verdict and judgment for plaintiff in the sum of $2,500; from which…
1Opinion of the CourtGardner, J.
[1] Counsel for appellant argue with much confidence that the judgment should be reversed for .the refusal of charge 82, limiting the amount of recovery for decreased earning capacity to nominal damages, upon the theory there wa.s no data furnished by the proof to- support such recovery, citing Ala. Fuel & Iron Co. v. Ward, 194 Ala. 242, 69 South. 621; B., R. L. & P. Co. v. Colbert, 190 Ala. 229, 67 South. 513; U. S. Cast Iron Pipe & Foundry Co. v. Eastham, 237 Fed. 185, 150 C. C. A. 331—among other authorities.
While it is true the evidence furnishes no ¡data whatever upon which to rest a…
2Cases cited5 opinions
- Tobler v. Pioneer Mining & Mfg. Co.Supreme Court of Alabama · 1909
- Birmingham Ry. L. & P. Co. v. ColbertSupreme Court of Alabama · 1914
- Alabama Fuel & Iron Co. v. WardSupreme Court of Alabama · 1915
- United States Cast Iron Pipe & Foundry Co. v. EasthamCourt of Appeals for the Fifth Circuit · 1916
- Wheeler v. Standard Steel Co.Supreme Court of Alabama · 1916
3Cited by7 opinions
- Vest v. GaySupreme Court of Alabama · 1963
- Smith v. BaggettSupreme Court of Alabama · 1928
- Birmingham Electric Co. v. ClevelandSupreme Court of Alabama · 1927
- J. H. Burton Sons Co. v. MaySupreme Court of Alabama · 1925
- Birmingham Electric Co. v. FarmerSupreme Court of Alabama · 1948
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