Williamson Iron Co. v. McQueen
Supreme Court of Alabama
Appeal from Jefferson Circuit Court. Heard before 1-Ion. A. A. Coleman. This is an action brought by McQueen as Admr. of Edwards to recover damages for the death of Edwards who was an employe of the defendant company.
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Appeal from Jefferson Circuit Court. Heard before 1-Ion. A. A. Coleman. This is an action brought by McQueen as Admr. of Edwards to recover damages for the death of Edwards who was an employe of the defendant company. The complaint was in the following language: 1st, Plaintiff claims of the defendant $25,000 as damages for that heretofore, towit, on the 28th day of November, 1903, defendant was operating a furnace for the manufacture of pig iron in Birmingham, Ala., which furnace was known as the Williamson Furnace; that on said day, while plaintiff’s intestate was in the service or…
1Opinion of the CourtDenson, J.
Action to recover damages for negligently causing the death of plaintiff’s intestate. The complaint contained three counts, the third of which has been left out of view by the affirmative charge of the court for the defendant with respect to that count. The first and second counts were based upon subdivision 2 of the employer’s liability act (Code 1896, § 1749.) A demurrer to each of these counts was overruled by the court. After careful consideration of them we are constrained to hold, in line with the rule established by numerous decisions of this court, that the counts were not subject to…
2Cases cited15 opinions
- Cobb v. MaloneSupreme Court of Alabama · 1890
- Armstrong v. Montgomery Street Railway Co.Supreme Court of Alabama · 1898
- Louisville & Nashville Railroad v. Marbury Lumber Co.Supreme Court of Alabama · 1899
- Peters v. Southern Railway Co.Supreme Court of Alabama · 1902
- Ala. Great Southern Railroad v. FrazierSupreme Court of Alabama · 1890
10 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- J. H. Burton Sons Co. v. MaySupreme Court of Alabama · 1925
- Western Steel Car & Foundry Co. v. CunninghamSupreme Court of Alabama · 1908
- St. Louis & San Francisco R. R. v. BrantleySupreme Court of Alabama · 1910
- Kress v. LawrenceSupreme Court of Alabama · 1908
- Watson v. Hardaway-Covington Cotton Co.Supreme Court of Alabama · 1931
9 more not listed; retrieve them via the Exa API.