Doss v. Wadsworth Red Ash Coal Co.
Supreme Court of Alabama
Appeal from Shelby Circuit Court. Heard before Hon. Hugh D. Merrill. Action by A. M. Doss against the Wadsworth Red Ash Coal Company. Prom a judgment granting a new trial after verdict for plaintiff, plaintiff appeals. The first count is predicated on Code, § 8910, subd. 1, in that in a certain entry of the mine rock and slate fell upon plaintiff, injuring him, because the roof of said entry was not properly timbered.
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Appeal from Shelby Circuit Court. Heard before Hon. Hugh D. Merrill. Action by A. M. Doss against the Wadsworth Red Ash Coal Company. Prom a judgment granting a new trial after verdict for plaintiff, plaintiff appeals. The first count is predicated on Code, § 8910, subd. 1, in that in a certain entry of the mine rock and slate fell upon plaintiff, injuring him, because the roof of said entry was not properly timbered. The second count is based upon the negligence of Dock Kennedy, who had superintendence intrusted to him, while in the exercise of such superintendence, in that he negligently…
1Opinion of the CourtMcCLELLAN, J.
The action is by the appellant against the appellee. The verdict was for the plaintiff. Upon the hearing of the motion for new trial, the court set aside the verdict and judgment. It is to review that action this appeal is prosecuted by the plaintiff.
There were four counts in the complaint. The fourth was withdrawn pending the trial. The first count was framed under the first subdivision of the liability act Code 1907, § 3910. The second and third counts were drawn under the second subdivision of the liability act. The defenses relied on, aside from the general traverse of the counts, were…
2Cases cited4 opinions
- Birmingham Railway, Light & Power Co. v. FoxSupreme Court of Alabama · 1911
- Dannelley v. StateSupreme Court of Alabama · 1900
- Providence Saving Life Insurance Society v. PruettSupreme Court of Alabama · 1908
- Jackson v. StateSupreme Court of Alabama · 1904
3Cited by15 opinions
- State Tax Commission v. Commercial Realty Co.Supreme Court of Alabama · 1938
- Baker v. StateSupreme Court of Alabama · 1923
- Johnson v. HarrisonSupreme Court of Alabama · 1961
- Alabama Power Company v. HusseySupreme Court of Alabama · 1973
- Keeton v. StateSupreme Court of Alabama · 1966
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