West Pratt Coal Co. v. Andrews
Supreme Court of Alabama
Appeal from Walker Law and Equity Court. Heard before Hon. T. L. Sowell. Action by Richard I). Andrews against the' West Pratt Coal Company. From a judgment for plaintiff, defendant appeals. The character of the action, the complaint, and the demurrers thereto are fully set out in the opinion.
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Appeal from Walker Law and Equity Court. Heard before Hon. T. L. Sowell. Action by Richard I). Andrews against the' West Pratt Coal Company. From a judgment for plaintiff, defendant appeals. The character of the action, the complaint, and the demurrers thereto are fully set out in the opinion. A number of pleas were filed, but it is unnecessary to set out any here but the eleventh and seventeenth, which are as follows: (11) “That the condition of the bridge or trestle was open to ordinary observation, and plaintiff continued to work thereon until he was hurt, and thereby assumed the. risk.”…
1Opinion of the CourtDenson, J.
The defendant (appellant) Avas engaged in operating a coal mine in Walker county. A part of its ways consisted of a trestle AAdiich led from the mouth of the mine to the tipple. Tram cars loaded with coal were run over the trestle from the mine to the tipple, where the coal Avas loaded from the trams to the railroad cars. The main trestle Avas about 1,400 feet long, but the part of it which was the side track Avas, *373according to the estimates of different witnesses, from 90 to 200 feet long. The loaded cars were run from the mine to the tipple on the main trestle, and, when unloaded, would he…
2Cases cited35 opinions
- Cobb v. MaloneSupreme Court of Alabama · 1890
- Huhn v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1887
- Davis v. RailwaySupreme Court of Arkansas · 1890
- Braham v. StateSupreme Court of Alabama · 1904
- Stoudenmeier v. WilliamsonSupreme Court of Alabama · 1857
30 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Citizen's L. H. & P. Co. v. LeeSupreme Court of Alabama · 1913
- Sharp v. StateSupreme Court of Alabama · 1915
- Pensacola Electric Co. v. BissettSupreme Court of Florida · 1910
- Lawrence v. Kaul Lumber Co.Supreme Court of Alabama · 1911
- Alabama G. S. R. R. v. FlinnSupreme Court of Alabama · 1917
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