Woodstock Iron Works v. Kline
Supreme Court of Alabama
Appeal from Anniston City Court. Heard before Hon. Thomas W. Coleman, Jr. Action by Charles D. Kline, as administrator of tbe estate of Sydney Olive, against tbe Woodstock Iron Works. From a judgment for plaintiff, defendant appeals.
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Appeal from Anniston City Court. Heard before Hon. Thomas W. Coleman, Jr. Action by Charles D. Kline, as administrator of tbe estate of Sydney Olive, against tbe Woodstock Iron Works. From a judgment for plaintiff, defendant appeals. Tbe first count complains of tbe negligence of tbe defendant’s yardmaster, Fipps, in ordering tbe intestate to serve as a brakeman without informing bim of tbe dangers and perils incident thereto, knowing that he was a minor and without experience as a brakeman. Tbe fourth count substantially averred that on tbe 13th of November, 1901, tbe defendant ivas engaged…
1Opinion of the Court
HARALSON, J. —
The pleadings were settled on a former appeal. — 143 Ala. 632, 42 South. 27. There were then three counts in the complaint, and five p-leas of contributory negligence. Another count, the fourth, since the reversal and remandment of the cause, was added. The case was tried, the last time, on the first count,, which was filed under subdivision 3 of section 1749 of. the Code of 1896 — employer’s liability act — and the fourth count, which was under subdivision 2 of said *399section. To this count defendant pleaded the statute of limitations of one and two years.
1. On the former appeal…
2Cases cited11 opinions
- Louisville & Nashville Railroad v. OrrSupreme Court of Alabama · 1890
- Jacobi v. StateSupreme Court of Alabama · 1901
- Perry v. StateSupreme Court of Alabama · 1888
- Reiter-Connolly Mfg. Co. v. HamlinSupreme Court of Alabama · 1906
- Nelson v. First National Bank of MontgomerySupreme Court of Alabama · 1903
6 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- &198tna Ins. Co. v. KoonceSupreme Court of Alabama · 1936
- Hines v. MiniardSupreme Court of Alabama · 1922
- Alabama Consolidated C. & I. Co. v. HealdSupreme Court of Alabama · 1911
- Bond Bros. v. KaySupreme Court of Alabama · 1931
- Robinson Mining Co. v. SwineySupreme Court of Alabama · 1921
4 more not listed; retrieve them via the Exa API.