Legal Opinion

Central Foundry Co. v. Bennett

Supreme Court of Alabama

Decided November 30, 1906PublishedCited by 7 opinions

Appeal from Bessemer City Court. Heard before Hon. B. C. Jones. This was au action by the administrator of Turney Bennett, deceased, who was at the time of his death, an employe of the Appellant.

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Appeal from Bessemer City Court. Heard before Hon. B. C. Jones. This was au action by the administrator of Turney Bennett, deceased, who was at the time of his death, an employe of the Appellant. The proof showed that he was killed while assisting another employe to -adjust a belt on a revolving pulley in the machinist department of appellant’s shops, under orders from the superintendent, and that' there was a defect in said belt which caused it to break and wrap abound deceased hurling him against some timbers, causing hi-s death. The proof further showed that deceased was about sixteen and…

1Opinion of the CourtAnderson, J.

The- right given a personal representative to sue for injuries resulting in the death of his intestate, as provided by. section 1751 of the Code of 1896, is intended as a remedy for compensation to those having a pecuniary interest in the person killed, and the amount of recovery is limited to the value of such interest. — 3 Wood’s Railway Law, p. 1536, § 414. “That the jury may have proper data from which a pecuniary interest may he fixed, it is proper to admit evidence of the age, probable duration of life, habits of industry, means, business, earnings, health, skill of deceased, and.…

2Cases cited6 opinions

  1. Bonnet v. Galveston, Harrisburg & San Antonio Railway Co.Texas Supreme Court · 1895
  2. Louisville & Nashville Railroad v. OrrSupreme Court of Alabama · 1890
  3. Richmond & Danville Railroad v. ElliottSupreme Court of the United States · 1893
  4. State v. PierceSupreme Court of Iowa · 1884
  5. Brown v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1884

1 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Citizen's L. H. & P. Co. v. LeeSupreme Court of Alabama · 1913
  2. Birmingham Railway, Light & Power Co. v. ChastainSupreme Court of Alabama · 1908
  3. Francis v. SandlinSupreme Court of Alabama · 1907
  4. Ohio Valley Trust Co. v. WernkeIndiana Court of Appeals · 1908
  5. Kalland v. City of BrainerdSupreme Court of Minnesota · 1918

2 more not listed; retrieve them via the Exa API.

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