Whitmore v. Alabama Consolidated C. & I. Co.
Supreme Court of Alabama
Appeal from Gadsden City Court. Heard before Hon. John H. Deque. Action by George Whitmore, as administrator, against the Alabama Consolidated Coal & Iron Company, for damages for the death of his intestate. Judgment for defendant, and plaintiff appeals.
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Appeal from Gadsden City Court. Heard before Hon. John H. Deque. Action by George Whitmore, as administrator, against the Alabama Consolidated Coal & Iron Company, for damages for the death of his intestate. Judgment for defendant, and plaintiff appeals. The complaint was as follows: (1) “Plaintiff claims of defendant the sum of $25,000 damages, to wit, that on and prior to the 5th day of June, 1908, the defendant was engaged in operating an iron mine in Gadsden, Etowah county, Ala., and that on and before the date aforesaid plaintiff’s intestate was in the employment of defendant, and while…
1Opinion of the CourtAnderson, J.
Count 3 of the complaint failed to specify the defect in the ways, works, or plant, and was subject to the demurrer which was sustained to same.— Whatley v. Zenida Coal Co., 122 Ala. 127, 26 South. 124. The case of Jackson Co. v. Cunningham, 141 Ala. 206, 37 South. 445, is not in conflict with the present holding. There the court construed the complaint as ■charging a defect in the track, and which specified or designated the ways, works, or plant. Here there is no attempt to specify or designate.
Counts 5, 6, 7, 8, and 9 evidently attempted to state ■a cause of action under section 1019 of…
2Cases cited3 opinions
- Jackson Lumber Co. v. CunninghamSupreme Court of Alabama · 1904
- Wolf v. SmithSupreme Court of Alabama · 1906
- Woodward Iron Co. v. CookSupreme Court of Alabama · 1899
3Cited by16 opinions
- Woodward Iron Co. v. MarbutSupreme Court of Alabama · 1913
- Alabama Fuel & Iron Co. v. WilliamsSupreme Court of Alabama · 1921
- Langhorne v. SimingtonSupreme Court of Alabama · 1914
- Coosa Portland Cement Co. v. CrankfieldSupreme Court of Alabama · 1918
- Minyard v. Woodward Iron Co.District Court, N.D. Alabama · 1948
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