Mitchell Square Bale Ginning Co. v. Grant
Supreme Court of Alabama
Appeal from Circuit Court of Bullock. Tried before the Hon. A. A. Evans. The plaintiff was employed by defendant as an engineer to take charge of its steam ginnery. The employment was for a stated term, during which the defendant’s boiler exploded and plaintiff was discharged. Plaintiff brought suit for breach of contract of employment. As a defense the defendant interposed four pleas: 1st. The general issue. 2nd.
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Appeal from Circuit Court of Bullock. Tried before the Hon. A. A. Evans. The plaintiff was employed by defendant as an engineer to take charge of its steam ginnery. The employment was for a stated term, during which the defendant’s boiler exploded and plaintiff was discharged. Plaintiff brought suit for breach of contract of employment. As a defense the defendant interposed four pleas: 1st. The general issue. 2nd. A special plea justifying discharge of plaintiff on. general averments of failure to perform his duty, and negligence. To the second plea a demurrer was sustained, and the action of…
1Opinion of the CourtDowdell, J.
The complaint in this case contained four counts, the first two being on the common counts, and the 3rd and 4th, on a special contract. To the first and second counts the general issue was pleaded and special pleas 2, 3 and 4 were filed to the 3rd and 4th counts.
A demurrer interposed by the plaintiff was sustained to special plea number 2, and on this ruling of the court is based the first assignment of error. This plea, was defective, for the reason pointed out in the demurrer, in the omission to set out the facts constituting the alleged failure by the plaintiff “To perform his duties,” and…
2Cases cited5 opinions
- Strauss v. MeertiefSupreme Court of Alabama · 1879
- Jonas v. FieldSupreme Court of Alabama · 1887
- Bass Furnace Co. v. GlasscockSupreme Court of Alabama · 1886
- Troy Fertilizer Co. v. LoganSupreme Court of Alabama · 1890
- Loveman v. BrownSupreme Court of Alabama · 1903
3Cited by5 opinions
- Alabama Power Co. v. RobinsonSupreme Court of Alabama · 1984
- Wilson v. StateSupreme Court of Alabama · 1916
- Central of Georgia Railway Co. v. StephensonSupreme Court of Alabama · 1914
- Meador v. EvansSupreme Court of Alabama · 1914
- Lehman v. AustinSupreme Court of Alabama · 1915