Sloss-Sheffield Steel & Iron Co. v. Milbra
Supreme Court of Alabama
Appeal from Birmingham City Court. Heard before Hon. Charles A. Senn. Action by Levi Milbra, as administrator, against .the Sloss-Sheffield Steel & Iron' Company. Judgment for plaintiff, and defendant appeals. The pleadings noted in the opinion sufficiently appear therefrom.
Read the full summary
Appeal from Birmingham City Court. Heard before Hon. Charles A. Senn. Action by Levi Milbra, as administrator, against .the Sloss-Sheffield Steel & Iron' Company. Judgment for plaintiff, and defendant appeals. The pleadings noted in the opinion sufficiently appear therefrom. Charge 2, given for the plaintiff, is as follows: “While, if the negligence of John Moore was the sole proximate cause of the death of Edward Milbra, plaintiff could not recover, yet if the jury are reasonably satisfied from the evidence that the defendant was guilty of negligence which proximately helped to cause the…
1Opinion of the CourtMayfield, J.
This action is by Levi Milbra, as personal representative, to recover damages for the wrongful death of his intestate, Edward Milbra.
The complaint joins counts under the employer’s liability act (Code 1907, § 3910) with counts under the homicide act (Code 1907, § 2486). The complaint was filed on the 15th day of June, 1909, and on the 23d day of June, eight days thereafter, the defendant filed the following plea in abatement of the action, which was sworn to: “Now comes the defendant in the above-en*661titled cause, in its own proper person; and pleads in abatement to the suit filed in said cause…
2Cases cited11 opinions
- Foster v. NapierSupreme Court of Alabama · 1883
- State ex rel. Craig v. DoughertySupreme Court of Missouri · 1870
- Lang v. Waters' AdministratorSupreme Court of Alabama · 1872
- Humphrey v. WhittenSupreme Court of Alabama · 1849
- Rood v. EslavaSupreme Court of Alabama · 1850
6 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Milbra v. Sloss-S. S. & I. Co.Supreme Court of Alabama · 1913
- Dent v. FoySupreme Court of Alabama · 1921
- Interstate Chemical Corp. v. Home Guano Co.Supreme Court of Alabama · 1917
- McCord v. State Ex Rel. AllenSupreme Court of Alabama · 1930
- Ashurst v. Arnold-Henegar-Doyle Co.Supreme Court of Alabama · 1918
5 more not listed; retrieve them via the Exa API.