Bessemer Land & Improvement Co. v. Campbell
Supreme Court of Alabama
Appeal from the City Court of Birmingham. Tried before the Hon. H. A. Si-iarpe. J. N. Campbell and Eliza Reevers, as the administrators of Henry Reevers, sued the Bessemer Land & Improvement Co. for damages for the death of the latter, caused, as alleged, by the negligence of the company. The pleas were the general issue and contributory negligence.
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Appeal from the City Court of Birmingham. Tried before the Hon. H. A. Si-iarpe. J. N. Campbell and Eliza Reevers, as the administrators of Henry Reevers, sued the Bessemer Land & Improvement Co. for damages for the death of the latter, caused, as alleged, by the negligence of the company. The pleas were the general issue and contributory negligence. The latter defense ivas presented in different forms by several distinct pleas; but the pleadings and rulings thereon are fully stated in the opinion. For a clear understanding of the case a description of the situation at the mine before and at…
1Opinion of the CourtMcCLELLAN, C. J.
— The complaint originally contained ten counts. Demurrers were sustained to some of them, and upon the rest except four the affirmative charge was given for the defendant. Those upon which the verdict for plaintiff was rendered, are the 6th, 7th, 8th and 9th. The 6th count is as follows: “Plaintiff [ J. N. Campbell as administrator of the estate of Henry Beevers, deceased,] claims of the defendant fifteen thousand dollars as damages for that heretofore, to-wit, on 15th day of September, 1897, defendant was'running and operating a coal mine at or near Belle Ellen, in Bibb county, Alabama, and…
2Cases cited4 opinions
- Geo. Pacific Railway Co. v. DavisSupreme Court of Alabama · 1890
- Holland v. Tenn. Coal, Iron & RailroadSupreme Court of Alabama · 1890
- Laughran v. BrewerSupreme Court of Alabama · 1896
- Woodward Iron Co. v. HerndonSupreme Court of Alabama · 1896
3Cited by18 opinions
- Armstrong v. Montgomery Street Railway Co.Supreme Court of Alabama · 1898
- Louisville & Nashville Railroad v. Marbury Lumber Co.Supreme Court of Alabama · 1899
- Louisville & Nashville Railroad v. YoungSupreme Court of Alabama · 1907
- Kilborn v. Prudential InsuranceSupreme Court of Minnesota · 1906
- Postal Telegraph Cable Co. v. JonesSupreme Court of Alabama · 1901
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