Lookout Mountain Iron Co. v. Lea
Supreme Court of Alabama
Appeal from 'the DeKalb Circuit Court. Heard before the Hon. J. A. Bilbko. This is an action for damages growing out of the killing of appellee’s intestate by certain tram cars used and operated by the appellant corporation in the conduct of their business of mining coal.
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Appeal from 'the DeKalb Circuit Court. Heard before the Hon. J. A. Bilbko. This is an action for damages growing out of the killing of appellee’s intestate by certain tram cars used and operated by the appellant corporation in the conduct of their business of mining coal. Appellee’s intestate was in the employment of one Summers, who had a contract with appellant to get out coal for them from their mines, and while SO' engaged in mining coal in a room or apartment of said mine, appellant’s car ran down the track into the room where appellee’s intestate was working, crushing and otherwise…
1Opinion of the CourtTyson, J.
The trial of this cause and the judgment-rendered in it was at a time provided by law for the holding of the court which was presided over by a ele jure judge.
There is, therefore, no merit in- the contention that the judgment is a nullity.
The first and second counts of the complaint, after amendment, upon which judgment was rendered are in case and not- in trespass. — City Delivery Co. v. Henry, 139 Ala. 161, 34 South. 389; Birmingham Ry., Light & Power Co. v. Moore, in MS., 39 So. Rep. And the propf of the negligence by the servants of defendant will support the allegation of negligence in…
2Cases cited1 opinion
- City Delivery Co. v. HenrySupreme Court of Alabama · 1903
3Cited by34 opinions
- American Savings Life Insurance v. RiplingerCourt of Appeals of Kentucky (pre-1976) · 1933
- Bessemer Coal, Iron & Land Co. v. DoakSupreme Court of Alabama · 1907
- Aldrich v. Tyler Grocery Co.Supreme Court of Alabama · 1921
- Birmingham Post Co. v. SturgeonSupreme Court of Alabama · 1933
- Merriweather v. Sayre Mining & Mfg. Co.Supreme Court of Alabama · 1909
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