Legal Opinion

Coosa Pipe Foundry Co. v. Poindexter

Supreme Court of Alabama

Decided April 24, 1913PublishedCited by 7 opinions

Appeal from Gadsden City Court. Heard before Hon. James A. Bilbro. Action by A. S. Poindexter against the Coosa Pipe Foundry Company for damages for injuries received while in its employ. Judgment for plaintiff, and defendant appeals.

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Appeal from Gadsden City Court. Heard before Hon. James A. Bilbro. Action by A. S. Poindexter against the Coosa Pipe Foundry Company for damages for injuries received while in its employ. Judgment for plaintiff, and defendant appeals. Plaintiff was engaged as a molder by appellant, who operated a cast-iron soil pipe foundry, and while so engaged was badly burned about one foot and ankle, which resulted from an explosion in or fire shooting-out of a mold in which joints of pipes were being molded. The pipe was being molded in what is called a “flask” by molders, which consists of two parts,…

1Opinion of the Court

ANDERSON, J.-

Count 1, as amended, was under subdivision 1 of section 3910 of the Code, and charged *661a defect in the arbor through which the molten iron escaped which consisted in a hole in said arbor. We find nothing “duplex” about the count as suggested in brief of appellant’s counsel. The original count described the injury and instrumentality, and, while describing the arbor and hole, failed to set up that said hole constituted the defect, and the amendment to the complaint merely supplied this omission.

Count 4 charges that the defendant negligently failed to furnish plaintiff with…

2Cases cited4 opinions

  1. Republic Iron & Steel Co. v. WilliamsSupreme Court of Alabama · 1911
  2. Sloss-Sheffield Steel & Iron Co. v. StewartSupreme Court of Alabama · 1911
  3. Smith v. WatkinsSupreme Court of Alabama · 1911
  4. Gray Eagle Coal Co. v. LewisSupreme Court of Alabama · 1909

3Cited by7 opinions

  1. Mallory S. S. Co. v. DruhanAlabama Court of Appeals · 1920
  2. Coosa Portland Cement Co. v. CrankfieldSupreme Court of Alabama · 1918
  3. Wilson v. Gulf States Steel Co.Supreme Court of Alabama · 1915
  4. Southern Ry. Co. v. ChestnuttSupreme Court of Alabama · 1923
  5. Central Iron & Coal Co. v. MasseyCourt of Appeals for the Fifth Circuit · 1920

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