Montevallo Mining Co. v. Underwood
Supreme Court of Alabama
Appeal from Circuit Court, Shelby County; Lmn. Duke, Judge. Action by Richard Underwood, pro ami, against the Montevallo Mining Company, a corporation, for personal injury. Judgment for plaintiff, and defendant appeals.
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Appeal from Circuit Court, Shelby County; Lmn. Duke, Judge. Action by Richard Underwood, pro ami, against the Montevallo Mining Company, a corporation, for personal injury. Judgment for plaintiff, and defendant appeals. The following matter is directed to be set out: Assignment 4. The court erred in charging the jury orally as follows: “If you should find-that the injury complained of was willfully, wantonly, and intentionally inflicted, then it would be in your province, if you saw fit to do so, to impose an additional amount in the way of damages, by way of punishment to defendant…
1Opinion of the Court
McCLELLAN, j.
The plaintiff (appellee) was run over and greatly injured by a motorcar driven by a gasoline engine on a tram track which the defendant (appellant) used to move the output of its mine from the “stock pile” to the point of loading on the cars of a carrier. The amended complaint contained counts A to P, inclusive; and the formulation of the issues was in short by consent with leave to offer evidence of any matter of defense, and thereupon of avoidance, as if fully pleaded. Counts A, D, and E aver the existence of the relation of master and servant at the time plaintiff was injured;…
2Cases cited11 opinions
- City of Birmingham v. CarleSupreme Court of Alabama · 1915
- Louisville & Nashville Railroad v. YoungSupreme Court of Alabama · 1907
- Anniston Electric & Gas Co. v. RosenSupreme Court of Alabama · 1909
- Choate v. Alabama Great Southern R. R.Supreme Court of Alabama · 1911
- Alabama Terminal R. R. v. BennsSupreme Court of Alabama · 1914
6 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Insurance Dept. of Miss. v. DinsmoreMississippi Supreme Court · 1958
- Louisville N. R. Co. v. CrossSupreme Court of Alabama · 1921
- Jefferson v. Republic Iron & Steel Co.Supreme Court of Alabama · 1922
- Osborn v. GrizzardSupreme Court of Alabama · 1948
- Starkey v. BryantSupreme Court of Alabama · 1952
3 more not listed; retrieve them via the Exa API.