Merriweather v. Sayre M. & M. Co.
Supreme Court of Alabama
Appeal from Birmingham City Court. Heard before Hon. C. C. Nesmith. Action by America Merriweather as administratrix against the Sayre Mining & Manufacturing Company for damages for the death of her intestate from injuries received while pursuing his employment. Judgment for defendant and plaintiff; appeals.
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Appeal from Birmingham City Court. Heard before Hon. C. C. Nesmith. Action by America Merriweather as administratrix against the Sayre Mining & Manufacturing Company for damages for the death of her intestate from injuries received while pursuing his employment. Judgment for defendant and plaintiff; appeals. The first great error committed by the court was when it overruled ex mero motu appellant’s challenge of the authority of the attorneys to appear and defend.— doll-ins v. Blantern, 1 Smith L. C. 715; 128 S. W. 240; 6 Cyc. 867. All the counts were good and the court erred in sustaining…
1Opinion of the CourtMcCLELLAN, J.
From the evidence, amply descriptive of the event, it appears, without dispute, that plaintiff’s intestate caused his own injury by cutting the coal from under, which supported the rock, by the falling of which upon him wrought his death; that the falling of the rock above him, was the consequence of the removal of its support, of which he was fully aware. He caused his .own injury. No negligence of the defendant contributed in any degree thereunto. He could not, under these circumstances, recover. The court did not err, to plaintiff’s prejudice, in excluding on motion the plaintiff’s…
2Cases cited1 opinion
- Robertson v. Tennessee Coal, Iron & RailroadSupreme Court of Alabama · 1911
3Cited by7 opinions
- New Brunswick Fire Ins. Co. v. NicholsSupreme Court of Alabama · 1923
- Benton v. City of MontgomerySupreme Court of Alabama · 1917
- City of Anniston v. RosserSupreme Court of Alabama · 1963
- Southern Ry. Co. v. HarrisSupreme Court of Alabama · 1918
- Adams v. Corona Coal & Iron Co.Supreme Court of Alabama · 1913
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