Alabama Iron & Fuel Co. v. Benenante
Alabama Court of Appeals
Appeal from Shelby Circuit Court. Heard before Hou. Hugh D. Merrill. Action by Joe Benenante against tbe Alabama Fuel & Iron Company. Judgment for plaintiff, and defendant appeals.
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Appeal from Shelby Circuit Court. Heard before Hou. Hugh D. Merrill. Action by Joe Benenante against tbe Alabama Fuel & Iron Company. Judgment for plaintiff, and defendant appeals. The first count, after setting out tbe relationship and tbe fact that plaintiff was injured by a large rock falling on bim while in tbe pursuit of bis employment in tbe coal mine, avers tbe negligence to consist in tbe failure of tbe defendant to provide plaintiff with a safe place in which to work. Tbe second count is based on a defect in tbe.ways, works, etc., in that tbe roof of tbe mine was so defective,…
1Opinion of the CourtCrum, J.
The substantive averments of plea 5 are: “That the plaintiff was guilty of negligence which proximately contributed to his alleged injuries, in this: *647Plaintiff, well knowing that a rock in the room • in which, he was working as a miner in defendant’s mine was loose and likely to fall, and that if same should fall while he was under or dangerously near the same he would likely be injured, nevertheless negligently worked under or dangerously near said rock, and as a proximate consequence of his said conduct the rock fell upon him and he received his alleged injuries and damages.”
There is no…
2Cases cited14 opinions
- Birmingham Railway, Light & Power Co. v. GonzalezSupreme Court of Alabama · 1913
- Birmingham Railway, Light & Power Co. v. DrennenSupreme Court of Alabama · 1911
- Florence Cotton & Iron Co. v. FieldSupreme Court of Alabama · 1894
- Watson v. AdamsSupreme Court of Alabama · 1914
- Wolffe v. MinnisSupreme Court of Alabama · 1883
9 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Anderson v. StateSupreme Court of Alabama · 1922
- Birmingham Baptist Hospital, Inc. v. BlackwellSupreme Court of Alabama · 1930
- Standridge v. MartinSupreme Court of Alabama · 1919
- Allison v. Acton-Etheridge Coal Co., Inc.Supreme Court of Alabama · 1972
- Estis Trucking Co., Inc. v. HammondSupreme Court of Alabama · 1980
16 more not listed; retrieve them via the Exa API.