Black v. Roden Coal Co.
Supreme Court of Alabama
Appeal from Bibb Circuit Court. Heard before Hon. B. M. Miller. Action by J. E. Black as administrator against the Roden Coal Company for damages for death of his intestate while engaged in the service or employment of the defendant. Judgment for defendant and plaintiff appealed.
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Appeal from Bibb Circuit Court. Heard before Hon. B. M. Miller. Action by J. E. Black as administrator against the Roden Coal Company for damages for death of his intestate while engaged in the service or employment of the defendant. Judgment for defendant and plaintiff appealed. The complaint states a cause of action under subdivision 1, and avers the negligence to have been a defect in the condition of the ways, works, machinery, etc., connected with or used in the business of the defendant, which consisted in a portion of the roof of defendant’s mine being defective, which defect had not…
1Opinion of the CourtAnderson, J.
Plea C was defective, and was subject to the plaintiff’s demurrer. It sets up no facts *537showing negligence on the part of the plaintiff’s intestate proximately contributing to his injury or death. It may have been his duty to remedy the defect, yet his failure to repair could not, in and of itself, proximately contribute to his injury. It does not charge him with any negligence in placing himself in a position of danger, but seeks to preclude a recovery upon the sole reason that the intestate negligently failed to remedy the defect, as it was his duty to do, and after knowledge of the…
2Cases cited4 opinions
- Southern Cotton Oil Co. v. WalkerSupreme Court of Alabama · 1909
- Southern Ry. Co. v. McGowanSupreme Court of Alabama · 1907
- Tutwiler Coal, Coke & Iron Co. v. FarringtonSupreme Court of Alabama · 1905
- Mascott Coal Co. v. GarrettSupreme Court of Alabama · 1908
3Cited by9 opinions
- B'ham Ry. L. & P. Co. v. NicholasSupreme Court of Alabama · 1913
- Alabama Iron & Fuel Co. v. BenenanteAlabama Court of Appeals · 1914
- Jefferson v. Republic Iron & Steel Co.Supreme Court of Alabama · 1922
- Wilson v. Gulf States Steel Co.Supreme Court of Alabama · 1915
- Corona Coal & Iron Co. v. SpannSupreme Court of Alabama · 1919
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