Western Steel Car & Foundry Co. v. Cunningham
Supreme Court of Alabama
Appeal from Anniston City Court. Heard before Hon. T. W. Coleman, Je. Action by Sam Cunningham against the Western Steel Car & Foundry Company for damages, under subdivision 2, Employers’ Liability Act (Code 1906, § 1749). From a judgment for plaintiff, the defendant appeals. The facts are sufficiently set out in the opinion.
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Appeal from Anniston City Court. Heard before Hon. T. W. Coleman, Je. Action by Sam Cunningham against the Western Steel Car & Foundry Company for damages, under subdivision 2, Employers’ Liability Act (Code 1906, § 1749). From a judgment for plaintiff, the defendant appeals. The facts are sufficiently set out in the opinion. The case was tried upon two counts, which are as follows: Count 2. Plaintiff claims of the defendant fl,999 damages, for that hertofore, to wit, on the 17th day of January, 1907, plaintiff was employed by the defendant as a laborer in a lumber yard in Anniston, Calhoun…
1Opinion of the CourtDenson, J.
The complainant contained four counts, but the first and fourth are not here for review, the trial court having eliminated them by charges given at the request of the defendant.
The second and third counts are predicted upon the second subdivision of the employer’s liability statute *375(section 1749, Code of 1896), which provides: “When the injury is caused by reason of the negligence of any person in the service or employment of the master “or employer, who has any superintendence intrusted to him, whilst in the exercise of such superintendence, the master shall be liable to answer in damages.”…
2Cases cited9 opinions
- Miller v. StateSupreme Court of Alabama · 1894
- Bowen v. Chicago, Burlington & Kansas City Railway Co.Supreme Court of Missouri · 1888
- Graham v. BadgerMassachusetts Supreme Judicial Court · 1895
- Tennessee Coal, Iron & Railroad v. HayesSupreme Court of Alabama · 1892
- Mobile Light & R. R. v. Walsh, C.Supreme Court of Alabama · 1906
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3Cited by33 opinions
- Hepp v. Quickel Auto & Supply Co.New Mexico Supreme Court · 1933
- Kelly v. HanwickSupreme Court of Alabama · 1934
- Thoman Engineers, Inc. v. McDonaldCourt of Civil Appeals of Alabama · 1976
- Bailey v. Tennessee Coal, Iron and Railroad CompanySupreme Court of Alabama · 1954
- Williams v. Anniston Electric & Gas Co.Supreme Court of Alabama · 1909
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