Sloss-Sheffield Steel & Iron Co. v. Chamblee
Supreme Court of Alabama
Appeal from Birmingham City Court. Heard before Hon. H. A. S'harpe. Action by Dan Ohamblee, against the Sloss-Sheffield Steel & Iron Company. Prom a judgment for plaintiff defendant appeals.
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Appeal from Birmingham City Court. Heard before Hon. H. A. S'harpe. Action by Dan Ohamblee, against the Sloss-Sheffield Steel & Iron Company. Prom a judgment for plaintiff defendant appeals. The amended complaint was in the following language: “The plaintiff claims of the defendant $8,000 as damages, for that heretofore, to wit, on the 5th day of January, 1906, the defendant ivas operating a coal mine, known as the ‘Bessie Coal Mine,’ in Jefferson county, Ala.; that on said day while plaintiff was, in pursuance to said employment, in the service and employment of defendant, and engaged in and…
1Opinion of the CourtSimpson, J.
This action was brought by the appeL lee against the appellant to recover damages for an injury claimed to have been received by the plaintiff by the breaking of a wire rope while the plaintiff was at work in a coal mine belonging to the defendant.
The first assignments insisted on relate to the overruling of demurrers to the complaint as amended. Said complaint states only inferentially that the plaintiff *188was employed at all, and only that he was “engaged in or about said business of the defendant.” It does not state that he was engaged in or about the “particular service” required by his…
2Cases cited3 opinions
- Georgia Pacific Railroad v. PropstSupreme Court of Alabama · 1887
- Wilson v. Louisville & Nashville RailroadSupreme Court of Alabama · 1887
- Birmingham Rolling Mill Co. v. RockholdSupreme Court of Alabama · 1904
3Cited by6 opinions
- St.Louis & S. F. R. R. v. SuttonSupreme Court of Alabama · 1910
- Western Union Telegraph Co. v. HowingtonSupreme Court of Alabama · 1916
- New Connellsville C. &. C. Co. v. KilgoreSupreme Court of Alabama · 1909
- Green v. Bessemer Coal, I. & Land Co.Supreme Court of Alabama · 1909
- Alabama Great Southern R. Co. v. SmithSupreme Court of Alabama · 1951
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