Empire Coal Co. v. Bowen
Supreme Court of Alabama
Appeal from Walker Circuit Court. Heard before Hon. J. J. Curtis. Action by Louis Bowen against the Empire Coal Company for damages for injuries received while in its employment. Judgment for plaintiff, and defendant appeals. Transferred from Court of Appeals under Acts 1911, p. 450, § 6. The facts as to the motion to dismiss sufficiently appear from the opinion.
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Appeal from Walker Circuit Court. Heard before Hon. J. J. Curtis. Action by Louis Bowen against the Empire Coal Company for damages for injuries received while in its employment. Judgment for plaintiff, and defendant appeals. Transferred from Court of Appeals under Acts 1911, p. 450, § 6. The facts as to the motion to dismiss sufficiently appear from the opinion. The following are the counts of the complaint; “(D) Plaintiff claims of defendant the sum of $10,000 as damages for that on, to wit, April 23, 1913, defendant was operating a coal mine at or near Empire, in Walker County, Ala. In…
1Opinion of the Court
GARDNER, J.(1) Appellee recovered a judgment against the appellant in the sum of $1,000 as damages for injuries sustained by the plaintiff while he was being transported to his place of work in the mine of the defendant. After the appeal in this cause was taken, the appellee, without the aid, and it seems without the knowledge, or at least consent, of his counsel, for a valuable consideration executed to the appellant a release from any damages to which he might be entitled by reason of said judgment, and also transferred to appellant all his right, title, and interest in and to the same.…
2Cases cited6 opinions
- Cobb v. MaloneSupreme Court of Alabama · 1890
- Central of Georgia Railway Co. v. WhiteSupreme Court of Alabama · 1911
- Postal Tel.-Cable Co. v. City of MontgomerySupreme Court of Alabama · 1915
- Fuller v. Lanett Bleaching Co.Supreme Court of Alabama · 1914
- Stith Coal Co. v. SanfordSupreme Court of Alabama · 1915
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Denson v. Alabama Fuel & Iron Co.Supreme Court of Alabama · 1916
- Gulf States Steel Co. v. JusticeSupreme Court of Alabama · 1920
- Hale v. TysonSupreme Court of Alabama · 1918
- Montevallo Mining Co. v. UnderwoodSupreme Court of Alabama · 1918
- Lewis v. HeadSupreme Court of Alabama · 1939
1 more not listed; retrieve them via the Exa API.