Frederick v. Coosa Pipe & Foundry Co.
Alabama Court of Appeals
Appeal from Etowah Circuit Court. Heard before Hon. James E. Blackwood. Action by Alf Frederick against tbe Coosa Pipe & Foundry Company, for damages for personal injury sustained while engaged in his employment. Judgment for defendant and plaintiff appeals.
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Appeal from Etowah Circuit Court. Heard before Hon. James E. Blackwood. Action by Alf Frederick against tbe Coosa Pipe & Foundry Company, for damages for personal injury sustained while engaged in his employment. Judgment for defendant and plaintiff appeals. The court erred in sustaining demurrer to count 1. — Jaclcson L. Co. v. Cunningham,, 141 Ala. 537; Conrad v. Cray, 109 Ala. 130. The court erred in sustaining demurrers to count 2. — Tutwiler C. & C. Co. v. Faringdon, 144 Ala. 157; L. & N. v. Andrews, 54 South. 553. Count 5 was sufficient. — Ala. Mid. v. Culver, 108 Ala. 330; K. C. M. &…
1Opinion of the CourtWalker, P. J.
The complaint as originally filed contained three counts, and ten other counts were added by amendment. The court sustained demurrers to all the counts except the fourth, ninth, twelfth, and thirteenth.
Whether or not the first count Avas subject to the demurrer interposed to it, the plaintiff could not have been prejudiced by the action of the court in sustaining* that demurrer, as under the fourth count he had the benefit of substantially the same alleged ground of recovery. In no material respect Avas the burden of proof assumed by the plaintiff by his averments more onerous under the…
2Cases cited7 opinions
- Merriweather v. Sayre Mining & Mfg. Co.Supreme Court of Alabama · 1909
- Woodward Iron Co. v. HerndonSupreme Court of Alabama · 1896
- Louisville & Nashville Railroad v. AndrewsSupreme Court of Alabama · 1910
- Burnside v. Novelty Manufacturing Co.Michigan Supreme Court · 1899
- Knickerbocker Ice Co. v. FinnCourt of Appeals for the Second Circuit · 1897
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3Cited by3 opinions
- Coosa Portland Cement Co. v. CrankfieldSupreme Court of Alabama · 1918
- Louisville & Nashville R. R. v. ByrdSupreme Court of Alabama · 1916
- Coosa Portland Cement Co. v. CrankfieldSupreme Court of Alabama · 1918