Drennen & Co. v. Smith
Supreme Court of Alabama
Appeal from the City Court of Birmingham. Tried before the Hon. H. A. Sharpe. This action was brought by the appellee, Edgar Smith, by his next Mend, against the appellants, Drennen & Co., a partnership, to recover damages for personal injuries, alleged to have been suffered by the plaintiff by reason of the negligence of the defendants or their employes.
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Appeal from the City Court of Birmingham. Tried before the Hon. H. A. Sharpe. This action was brought by the appellee, Edgar Smith, by his next Mend, against the appellants, Drennen & Co., a partnership, to recover damages for personal injuries, alleged to have been suffered by the plaintiff by reason of the negligence of the defendants or their employes. The injuries suffered by the plaintiff were received while he was at work in the defendants’ mines, and were caused by a fife in said mines, which caused a large amount of smoke to accumulate in the mines, by which smoke the plaintiff was…
1Opinion of the CourtHaralson, J.
There are many assignments of error, but we confine ourselves to such of them as are insisted on by appellants’ counsel.
The case was tried and went to the jury alone, on the 6th and 19th counts in the complaint. The 19th count was framed under' the second sub-division of section 2590 of the Code, and in it the plaintiff alleged he was a servant or employe of defendants in the capacity of a miner or coal digger, and at the time of the fire was engaged in said business of defendants, and the injury complained of is attributed to the negligence of one Reid in the service or employment of…
2Cases cited5 opinions
- Eureka Co. v. BassSupreme Court of Alabama · 1886
- Mayor of Birmingham v. McCarySupreme Court of Alabama · 1887
- Foley v. FelrathSupreme Court of Alabama · 1893
- City Council of Sheffield v. HarrisSupreme Court of Alabama · 1893
- DeLacy v. TillmanSupreme Court of Alabama · 1887
3Cited by16 opinions
- Lunde v. Cudahy Packing Co.Supreme Court of Iowa · 1908
- Chicago, R. I. & P. Ry. Co. v. BennettSupreme Court of Oklahoma · 1912
- Reynolds v. MasseySupreme Court of Alabama · 1929
- De Sandro v. Missoula Light & Water Co.Montana Supreme Court · 1913
- Pine Belt Lumber Co. v. RiggsSupreme Court of Oklahoma · 1920
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