Travis v. Sloss-Sheffield Steel & Iron Co.
Supreme Court of Alabama
Appeal from the Bessemer City Court. Heard before Hon. William Jackson. Action by Semey Travis, administratrix, against the Sloss-Shef&eld Steel & Iron Company for the death of her intestate, while in the employment of the defendant. Judgment for defendant and plaintiff appeals.
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Appeal from the Bessemer City Court. Heard before Hon. William Jackson. Action by Semey Travis, administratrix, against the Sloss-Shef&eld Steel & Iron Company for the death of her intestate, while in the employment of the defendant. Judgment for defendant and plaintiff appeals. A witness may state collective facts. — Elliott v. Stocks, 67 Ala. 590; Woodstock I. Go. v. Roberts, 87 Ala. 442; Hood v. Diston, 90 Ala. 377; Abbott v. Paige, 92 Ala. 575; Southern G. & F. Go. v. Bartlett, 137 Ala. 235. Counsel discuss assignments of error insisted on, but without citation of authority.
1Opinion of the CourtMayfield, J.
This is an anomalous action. Each count of the complaint was evidently intended by plaintiff to state a cause of action under the “employer’s liability act.” Code 1907, §§ 3910-3913. This is evident, because each count practically follows some part of the language used in the act; second, because plaintiff attempted to prove the value of the life of her intestate to her and his dependents, which is the measure of damages under that statute, where death results and the action is by the personal representative. But each count of the complaint not only fails to show the relation of master and…
2Cited by15 opinions
- Denson v. Alabama Fuel & Iron Co.Supreme Court of Alabama · 1916
- Talley v. WhitlockSupreme Court of Alabama · 1916
- Norton v. BumpusSupreme Court of Alabama · 1930
- Hardaman v. StateAlabama Court of Appeals · 1919
- Maryland Casualty Co. v. MayfieldSupreme Court of Alabama · 1932
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