Central Foundry Co. v. Bailey
Supreme Court of Alabama
Appeal from Birmingham City Court. Heard before Hon. C. W. Ferguson. Action by O. J. Bailey, an employe, against the Central Foundry Company, for injuries received about his employment. Judgment for plaintiff and defendant appeals.
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Appeal from Birmingham City Court. Heard before Hon. C. W. Ferguson. Action by O. J. Bailey, an employe, against the Central Foundry Company, for injuries received about his employment. Judgment for plaintiff and defendant appeals. Where a complaint contains several averments, all entering into as a part but constituting but one cause of action, it is necessary to prove all the averments. — L. & N. v. Goal Go., 86 Ala. 129; L. & N. v. Mother shed, 97 Ala. 261; Ry. v. Baylor, 101 Ala. 498; L. &N. v. Dancey, 97 Ala. 338. The duty of maintaining appliances may be delegated to a competent…
1Opinion of the CourtDenson, J.
The defendant company (appellant here) was engaged in operating an iron foundry in the city of Bessemer, in Jefferson county. The plaintiff was in the employment of the defendant as a molder in its foundry. While engaged in the performance of the duties required of him by his employment, on the 11th day of July, 1905, plaintiff suffered personal injuries as the consequence of alleged negligence on the part of the master. At the time plaintiff was injured, he was, with a fellow servant, engaged in carrying a load of 200 or 300 pounds of molten iron, heated to 2,500 or 3,000 degrees, from the…
2Cases cited9 opinions
- Armstrong v. Montgomery Street Railway Co.Supreme Court of Alabama · 1898
- Louisville & Nashville Railroad v. MothershedSupreme Court of Alabama · 1892
- Birmingham Railway & Electric Co. v. BaylorSupreme Court of Alabama · 1893
- Alabama Great Southern Railroad v. DavisSupreme Court of Alabama · 1898
- Louisville & Nashville Railroad v. BouldinSupreme Court of Alabama · 1895
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3Cited by3 opinions
- MUTUAL BENEFIT HEALTH & A. ASS'N OF OMAHA v. BullardSupreme Court of Alabama · 1960
- Central of Georgia Ry. Co. v. IsbellSupreme Court of Alabama · 1916
- Woodward Iron Co. v. BoswellSupreme Court of Alabama · 1917