Tennessee Coal, Iron & Railroad v. Herndon
Supreme Court of Alabama
Appeal from the Circuit Court of Jefferson. Tried before the Hon. James J. Banks. The appellee, John G. Herndon, as administrator of the estate of Thomas Page, sued appellant to recover damages for injuries to the said Thomas Page, resulting in his death, which were alleged to have been caused by the negligence of the defendant, the Tennessee, Coal, Iron & Railroad Company. There was judgment for the plaintiff in the sum of $2,450, and the defendant appeals.
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Appeal from the Circuit Court of Jefferson. Tried before the Hon. James J. Banks. The appellee, John G. Herndon, as administrator of the estate of Thomas Page, sued appellant to recover damages for injuries to the said Thomas Page, resulting in his death, which were alleged to have been caused by the negligence of the defendant, the Tennessee, Coal, Iron & Railroad Company. There was judgment for the plaintiff in the sum of $2,450, and the defendant appeals. The rulings of the Circuit Court on the pleadings are sufficiently shown in the opinion. The testimony for the plaintiff tended to show…
1Opinion of the CourtColeman, J.
The action is under the. employer’s liability act, and was brought to recover damages for injuries sustained by deceased, and which caused his death. The complaint consists of three counts, each alleging defects in the ways, works and machinery used for removing cinder or slag from iron furnaces to a place of waste. The-defects complained of are clearly stated in the complaint, the first count, averring a deficiency in the number of trunnion bolts, and that those used were in a defective condition ; the second count, that there were no safety chains, to the pót or vessel, in which the cinder…
2Cases cited5 opinions
- Phœnix Insurance v. MoogSupreme Court of Alabama · 1884
- Louisville & Nashville Railroad v. OrrSupreme Court of Alabama · 1890
- Williams v. South & North Ala. RailroadSupreme Court of Alabama · 1890
- Lovell v. DeBardelaben Coal & Iron Co.Supreme Court of Alabama · 1890
- Ala. Connelsville Coal & Coke Co. v. PittsSupreme Court of Alabama · 1893
3Cited by41 opinions
- Louisville & Nashville Railroad v. MarkeeSupreme Court of Alabama · 1893
- Dwight Manufacturing Co. v. HolmesSupreme Court of Alabama · 1916
- Osborne v. Alabama Steel & Wire Co.Supreme Court of Alabama · 1902
- Mobile, Jackson & Kansas City R. R. v. BrombergSupreme Court of Alabama · 1904
- Russell v. BushSupreme Court of Alabama · 1916
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