Freeman v. Sloss Sheffield Steel & Iron Co.
Supreme Court of Alabama
Appeal from the Circuit Court of Franklin. Tided before the Hon. En. B. Almon. This action .was brought by the: appellant, James J. Freeman, by bis next friend,' against tlie appellee, the Sloss Sheffield Steel & Iron Company; aiid sought to recover damages for personal injuries.
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Appeal from the Circuit Court of Franklin. Tided before the Hon. En. B. Almon. This action .was brought by the: appellant, James J. Freeman, by bis next friend,' against tlie appellee, the Sloss Sheffield Steel & Iron Company; aiid sought to recover damages for personal injuries. The complaint as originally filed contained but one count, which averred that at the time of receiving the injuries complained of, the defendant, was engaged in the business of conducting and working certain iron ore mines and in the conduct of said mines used and operated a certain machine known as a steam shovel;…
1Opinion of the CourtDowdell, J.
On the facts averred in the complaint, both as originally filed and amended, we are unable to see any difference in principle between this case> and that of Dantzler v. DeBardeleben Coal & Iron Co., 101 Ala. 309. According to the averments, the plaintiff was in the employment of the defendant as fireman of a steam shovel operated by an engineer for defendant, and which was used in mining iron ore. The complaint does not aver that the engine of which the engineer had charge or control ivas a locomotive, or engine upon a railway, and therefore not within the provisions of sub-, division 5 of…
2Cases cited1 opinion
- Dantzler v. DeBardeleben Coal & Iron Co.Supreme Court of Alabama · 1893
3Cited by6 opinions
- Woodward Iron Co. v. LewisSupreme Court of Alabama · 1911
- Louisville & Nashville Railroad v. AndrewsSupreme Court of Alabama · 1910
- Republic Iron & Steel Co. v. HarrisSupreme Court of Alabama · 1918
- Woodward Iron Co. v. HubbardSupreme Court of Alabama · 1917
- Vandiver v. De Bardeleben Coal Co.Supreme Court of Alabama · 1919
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