Thomas Furnace Co. v. Carroll
Supreme Court of Alabama
Appeal from Circuit Court, Jefferson County; J. C. B. Gwin, Judge. Action by L. G. Carroll, as administrator of Sam Carroll, deceased, against the Thomas Furnace Company for damages for death of intestate while in defendant’s employ. Judgment for plaintiff, and defendant appeals.
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Appeal from Circuit Court, Jefferson County; J. C. B. Gwin, Judge. Action by L. G. Carroll, as administrator of Sam Carroll, deceased, against the Thomas Furnace Company for damages for death of intestate while in defendant’s employ. Judgment for plaintiff, and defendant appeals. The following charges are referred to as being refused to the defendant: B. The court charges the jury that they are noit authorized to find from the evidence in this case that Will Hill signaled the engineer to pull the car out of the mine on the occasion it wrecked and inflicted on the deceased injuries from which…
1Opinion of the CourtThomas, J.
The suit is for personal injury under the Employers’ Liability Act, Code, § 3910. The complaint avers the duties of employment of said intestate at and immediately preceding the time of his fatal injury as that of a “trip rider” or “chainer” on coal cars used in the conduct of defendant’s business of mining coal.
The trial was had upon the first and seventh counts, based on the second subdivision of the statute (Choctaw Coal & Min. Co. v. Dodd, 201 Ala. 622, 79 South. 54; Wilson v. Gulf States Steel Co., 194 Ala. 311, 69 South. 921); and on the third count, rested on the first subdivision.
Defen…
2Cases cited22 opinions
- Jones v. BellSupreme Court of Alabama · 1917
- Reiter-Connolly Mfg. Co. v. HamlinSupreme Court of Alabama · 1906
- Kennedy v. StateSupreme Court of Alabama · 1888
- Louisville & Nashville R. R. v. JenkinsSupreme Court of Alabama · 1916
- Sloss-Sheffield Steel & Iron Co. v. GreenSupreme Court of Alabama · 1909
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3Cited by16 opinions
- Manning v. StateSupreme Court of Alabama · 1928
- Randolph v. StateCourt of Criminal Appeals of Alabama · 1977
- Randolph v. StateCourt of Criminal Appeals of Alabama · 1976
- Hines v. MiniardSupreme Court of Alabama · 1922
- Peoples v. StateSupreme Court of Alabama · 1952
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