Tutwiler Coal, Coke & Iron Co. v. Farrington
Supreme Court of Alabama
.Appeal from Birmingham City Court. Heard, before Hon. Charles A. Senn. This is an action for damages caused by the falling in of the roof of one of defendant’s mines and injuring plaintiff. There were several counts in the complaint but all were eliminated except the fourth count as amended and the sixth count.
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.Appeal from Birmingham City Court. Heard, before Hon. Charles A. Senn. This is an action for damages caused by the falling in of the roof of one of defendant’s mines and injuring plaintiff. There were several counts in the complaint but all were eliminated except the fourth count as amended and the sixth count. The fourth count was as follows : “The plaintiff claims of the defendant. $15,000 as damages for that during the month of October 1903, and for many months prior thereto the defendant was operating and working coal mines in Jefferson County Alabama, and in the operation of said mines…
1Opinion of the CourtTyson, J.
All the counts of the complaint were eliminated from our consideration on this appeal except *165the fourth, after amendment, and the sixth. The fourth count is drawn under subdivision 1 of the employers’ liability act (Code 1896, p. 555, c. 43). It follows substantially the language of the statute with respect to the duty and a breach thereof by defendant, and avers a defective condition of the roof and that a portion of it fell as a proximate consequence of the defect, and that plaintiff was injured at a point under said roof where he had a right to be. It has been uniformly held by this court,…
2Cases cited8 opinions
- Armstrong v. Montgomery Street Railway Co.Supreme Court of Alabama · 1898
- Louisville & Nashville Railroad v. Marbury Lumber Co.Supreme Court of Alabama · 1899
- Mobile & Ohio Railroad v. GeorgeSupreme Court of Alabama · 1891
- Alabama Great Southern Railroad v. CarrollSupreme Court of Alabama · 1892
- Mobile & Ohio R. R. v. ThomasSupreme Court of Alabama · 1868
3 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Clinton Mining Co. v. BradfordSupreme Court of Alabama · 1917
- Langhorne v. SimingtonSupreme Court of Alabama · 1914
- Louisville & Nashville R. R. v. LileSupreme Court of Alabama · 1908
- Louisville & Nashville R. R. v. LoweSupreme Court of Alabama · 1908
- Jefferson v. Republic Iron & Steel Co.Supreme Court of Alabama · 1922
13 more not listed; retrieve them via the Exa API.