South Brilliant Coal Co. v. McCollum
Supreme Court of Alabama
Appeal from Circuit Court, Marion County; C. P. Almon, Judge. Action by T. H. MeCullom against the South Brilliant Co.al Company for damages for injuries suffered while in the employment of defendant. Judgment for plaintiff, and defendant appeals.
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Appeal from Circuit Court, Marion County; C. P. Almon, Judge. Action by T. H. MeCullom against the South Brilliant Co.al Company for damages for injuries suffered while in the employment of defendant. Judgment for plaintiff, and defendant appeals. Count 3 alleges the operation by defendant of a coal mine in Marion county, .Ala., and that while plaintiff was in said mine, in and about the business of defendant, and by invitation of defendant, a part of the roof or top of said mine fell upon or against plaintiff, injuring him in many ways, and in such way as to render his injuries permanent.…
1Opinion of the CourtThomas, J.
The suit is for personal injury. The several counts seek recovery under the Employers’ Liability Act (Code 1907, § 3910) and under the common law.
Defendant pleaded the general issue, contributory negligence and that the plaintiff was not in the employ of the defendant at the time he sustained the injury.
[1] The court committed no error in overruling demurrers to counts three and four. T. C., I. & R. R. Co. v. Smith, 171 Ala. 251, 257, 55 South. 170; Sloss-Sheffield Co. v. Green, 159 Ala. 178, 184, 49 South. 301; T. C., I. & R. R. Co. v. Moore, 194 Ala. 134, 69 South. 540; Tutwiler C. C. & I.…
2Cases cited18 opinions
- Tennessee Coal, Iron & R. R. v. SmithSupreme Court of Alabama · 1911
- Louisville & Nashville Railroad v. OrrSupreme Court of Alabama · 1890
- Parker v. NewmanSupreme Court of Alabama · 1917
- Langhorne v. SimingtonSupreme Court of Alabama · 1914
- Tennessee Coal, Iron & R. R. v. MooreSupreme Court of Alabama · 1915
13 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Jackson v. VaughnSupreme Court of Alabama · 1920
- Foreman v. Dorsey Trailers, Inc.Supreme Court of Alabama · 1951
- Standard Cooperage Co. v. DearmanSupreme Court of Alabama · 1920
- Jefferson v. Republic Iron & Steel Co.Supreme Court of Alabama · 1922
- Choctaw Coal & Mining Co. v. DoddSupreme Court of Alabama · 1918
5 more not listed; retrieve them via the Exa API.