Legal Opinion

Cahaba Southern Mining Co. v. Pratt

Supreme Court of Alabama

Decided April 12, 1906PublishedCited by 15 opinions

Appeal from Rirmingbam City Court. Heard before Hon. C. W. Ferguson. This was an action by the administrator of an employe of defendant for negligently causing the death of his intestate. There were six counts in the complaint.

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Appeal from Rirmingbam City Court. Heard before Hon. C. W. Ferguson. This was an action by the administrator of an employe of defendant for negligently causing the death of his intestate. There were six counts in the complaint. The first count counted on a defect in the ways, works, machinery, and plant of the defendant’s mine, in that a post which supported the roof of the mine was negligently placed so close to tlie track as to be struck by the mining car passing on the track, and was so struck, causing a lot of rock or slate to fall upon plaintiff’s intestate The third count counted on a…

1Opinion of the CourtSimpson, J.

This case was an action for damages for the death of plaintiff’s intestate, who was an employe of defendant (appellant). The summons was executed on defendant January 9, 1904, demurrer to the complaint was filed January 16, 1904, and pleas were filed January 2, 1905. Tinder a rule adopted by the court, previously, in accordance with the powers conferred by the special act establishing said court, and amendment thereto (Acts 1881-85, p. 216, § 1, and Acts 1888-89, p. 992), the pleadings in said case were to be heard during the first week in January, 1905, and said pleadings -were heard and…

2Cases cited4 opinions

  1. Drennen & Co. v. SmithSupreme Court of Alabama · 1896
  2. Steele v. TutwilerSupreme Court of Alabama · 1876
  3. Jones v. Ritter's Adm'rSupreme Court of Alabama · 1876
  4. Foster v. Bush & Co.Supreme Court of Alabama · 1894

3Cited by15 opinions

  1. McLaney v. TurnerSupreme Court of Alabama · 1958
  2. St. Louis-San Francisco Ry. Co. v. KimbrellSupreme Court of Alabama · 1932
  3. City of Tuscaloosa v. HillAlabama Court of Appeals · 1915
  4. Craig & Co. v. Pierson L. Co.Supreme Court of Alabama · 1913
  5. Rasmus v. SchafferSupreme Court of Alabama · 1935

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