Tennessee Coal Iron & R. R. v. Burgess
Supreme Court of Alabama
Appeal from Birmingham City Court. Heard before Hon. H. A. Sharpe. Action by John Burgess against the Tennessee Coal, Iron & Railway Company for damages for personal injuries received by the falling of a roof of a mine. There was judgment for plaintiff in the sum of $1,500, and defendant appeals. The facts, as well as the action of the trial court on the pleadings, are sufficiently set out in the opinion.
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Appeal from Birmingham City Court. Heard before Hon. H. A. Sharpe. Action by John Burgess against the Tennessee Coal, Iron & Railway Company for damages for personal injuries received by the falling of a roof of a mine. There was judgment for plaintiff in the sum of $1,500, and defendant appeals. The facts, as well as the action of the trial court on the pleadings, are sufficiently set out in the opinion. The following charges were refused to defendant: (1) “I charge you that, if the portion of defendant’s mine in which plaintiff was injured was in the exclusive possession of Kennedy &…
1Opinion of the Court
HENSON, J.-
All of the counts of the complaint, except the fourth and fifth, were eliminated; the trial court sustaining demurrers thereto. At the request of the defendant, in writing, the court gave, in respect to the fifth count, the general affirmative charge in its favor; so that it is not only unnecessary, but would he inappropriate here, to. consider assignments of error based upon the judgment of the court overruling demurrers to the fifth count, and sustaining demurrers to pleas addressed to that count, notwithstanding these assignments are insisted upon in brief of appellant’s counsel.
2Cases cited7 opinions
- County of Mobile v. KimballSupreme Court of the United States · 1881
- Bennett v. Railroad Co.Supreme Court of the United States · 1881
- Plummer v. DillMassachusetts Supreme Judicial Court · 1892
- Sloss Iron & Steel Co. v. TilsonSupreme Court of Alabama · 1904
- O'Brien v. TatumSupreme Court of Alabama · 1887
2 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Knight v. Burns, Kirkley & Williams Const. Co., Inc.Supreme Court of Alabama · 1976
- Pace v. Louisville & Nashville RailroadSupreme Court of Alabama · 1910
- United States Cast Iron Pipe & Foundry Co. v. FullerSupreme Court of Alabama · 1924
- Connors-Weyman Steel Co. v. KilgoreSupreme Court of Alabama · 1914
- Southern Minerals Company v. BarrettSupreme Court of Alabama · 1967
13 more not listed; retrieve them via the Exa API.