Woodward Iron Co. v. Marbut
Supreme Court of Alabama
Appeal from Bessemer City Court. Action by W. A. Marbut against the Woodward Iron Company for damages for injury sustained while in its employment. Judgment for plaintiff and defendant appeals. The complaint in so far as the count based on the negligence of the superintendent is concerned was insufficient, and demurrers should have been sustained thereto. — Maddox v. OMlton W. & M. Go., 171 Ala. 216; Whitmore v. Ala.
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Appeal from Bessemer City Court. Action by W. A. Marbut against the Woodward Iron Company for damages for injury sustained while in its employment. Judgment for plaintiff and defendant appeals. The complaint in so far as the count based on the negligence of the superintendent is concerned was insufficient, and demurrers should have been sustained thereto. — Maddox v. OMlton W. & M. Go., 171 Ala. 216; Whitmore v. Ala. G. & I. Co., 164 Ala. 125; Whatley v. Zenida G. Go., 122 Ala'. 118; T. G. & I. Go. v. Smith, 55 South. 170. The oral charge of the court was improper. — Maddox v. Chilton W. & M.…
1Opinion of the CourtSayre, J.
— This suit was brought under subsection 2 of the Employers’ Liability Act (section 3910 of the Code). Count 4 alleged the relation between the parties out of which a duty arose, the nature and extent of plaintiff’s injury, and that it was caused by “a certain-*312piece or particle of steel that flew with great force and violence from a cleaver when struck by a sledge hammer at the shops of defendant.” It then concludes: “Plaintiff avers that his said injury and damage were caused by reason and as a proximate consequence of the negligence of a person in the service and employment of defendant,…
2Cases cited14 opinions
- Tennessee Coal, Iron & R. R. v. SmithSupreme Court of Alabama · 1911
- Leach, Harrison & Forwood v. BushSupreme Court of Alabama · 1876
- Reiter-Connolly Mfg. Co. v. HamlinSupreme Court of Alabama · 1906
- Going v. Alabama Steel & Wire Co.Supreme Court of Alabama · 1904
- Jackson Lumber Co. v. CunninghamSupreme Court of Alabama · 1904
9 more not listed; retrieve them via the Exa API.
3Cited by44 opinions
- National Park Bank v. L. & N. R. R.Supreme Court of Alabama · 1917
- Dwight Manufacturing Co. v. HolmesSupreme Court of Alabama · 1916
- Wright v. McCordSupreme Court of Alabama · 1920
- Cahaba Coal Co. v. ElliottSupreme Court of Alabama · 1913
- Langhorne v. SimingtonSupreme Court of Alabama · 1914
39 more not listed; retrieve them via the Exa API.