Tennessee Coal, Iron & R. R. v. Smith
Supreme Court of Alabama
Appeal from Bessemer City Court. Heard before Hon. William Jackson. Action by Richard H. Smith against the Tennessee Coal, Iron & Railroad Company. From a judgment for plaintiff, defendant appeals.
Read the full summary
Appeal from Bessemer City Court. Heard before Hon. William Jackson. Action by Richard H. Smith against the Tennessee Coal, Iron & Railroad Company. From a judgment for plaintiff, defendant appeals. The first count is as follows: “The plaintiff claims of defendant the sum of $15,000 as damages, for this: That heretofore, on, to wit, the 11th day of January, 1909, the plaintiff was in the employment of and working for the defendant in and about the operation of its coal mine, at Johns, in Jefferson county, Ala., and was in the discharge of his duties in the line and scope of his employment, and…
1Opinion of the CourtMayfield, J.
The reporter will set out in his statement of facts in reporting this case the first and fourth counts of the complaint and the grounds of demurrer thereto.
The action is by a servant against the master. It is based solely upon negligence. The counts, therefore, to state a good cause of action, must show actionable negligence on the part of the defendant, and injury to plaintiff proximately caused thereby. The only allegation as to negligence in the first count is as follows: “That said injuries and damages were proximately caused by reason of the negligence of defendant.” This- is not…
2Cases cited13 opinions
- Armstrong v. Montgomery Street Railway Co.Supreme Court of Alabama · 1898
- Faris v. HobergIndiana Supreme Court · 1893
- Central of Georgia Railway Co. v. FosheeSupreme Court of Alabama · 1899
- Louisville & Nashville Railroad v. JonesSupreme Court of Alabama · 1887
- Leach, Harrison & Forwood v. BushSupreme Court of Alabama · 1876
8 more not listed; retrieve them via the Exa API.
3Cited by84 opinions
- Ex Parte Alabama Power Co.Supreme Court of Alabama · 1983
- Clinton Mining Co. v. BradfordSupreme Court of Alabama · 1917
- Harris v. Board of Water and Sewer Com'rs of City of MobileSupreme Court of Alabama · 1975
- Dwight Manufacturing Co. v. HolmesSupreme Court of Alabama · 1916
- Woodward Iron Co. v. MarbutSupreme Court of Alabama · 1913
79 more not listed; retrieve them via the Exa API.