Sloss Iron & Steel Co. v. Knowles

• Citation: 30 So. 584,129 Ala. 410
• Parties: SLOSS IRON & STEEL CO. v. KNOWLES. [1]
• Decision Date: 04 April 1901
• Court: Supreme Court of Alabama

30 So. 584

129 Ala. 410

SLOSS IRON & STEEL CO. v. KNOWLES. ^[1]

Supreme Court of Alabama

April 4, 1901

Appeal from circuit court, Jefferson county; James J. Banks, Judge.

Action by T. S. Knowles against the Sloss Iron & Steel Company. From a judgment in favor of plaintiff, defendant appeals. Reversed.

This was an action in the circuit court of Jefferson county brought by T. S. Knowles against the Sloss Iron & Steel Company for damages on account of personal injuries sustained by the plaintiff by the falling of rock from the roof of an iron-ore mine in which plaintiff was working at the time. The complaint contained 12 counts, but upon the trial the court gave the general affirmative charge to find for the defendant on 11 of the counts, leaving only the third count for the jury's consideration. The third count of the complaint was in words and figures as follows: "The plaintiff claims of the defendant, a private corporation, the sum of $25,000 damages, in this: That on and prior to the 3d day of September, 1896, the defendant was operating an iron-ore mine near Irondale, in said county, and was engaged in opening or extending a subterranean entry in said mine; that plaintiff by invitation of defendant, was assisting in opening or extending said entry, and while plaintiff was so engaged in said work a large piece of rock or stone or other substance fell from the roof of said entry, crushing plaintiff's body, greatly bruising, wounding, and lacerating his body arms, legs, and hips, and injuring his back or spine. *** And plaintiff avers that said accident and said injuries were caused by the negligence of the defendant, in this: That as said entry was driven in said mine it was necessary for the roof of the same to be propped to prevent its falling; that it was the duty of defendant, when notified, to cause said roof to be propped; and plaintiff avers that said entry had been driven so that it became necessary to prop said roof and that defendant's servant or servants whose duty it was to prop said mine had been notified that said roof needed to be propped, but defendant's said servant or servants negligently failed to prop said mine, and because thereof said roof, or a portion thereof, fell, inflicting the injuries aforesaid, whereupon he sues." There were several demurrers interposed to this count of the complaint, but it is unnecessary to set out these demurrers at length, the judgment entry in reference to the rulings upon the demurrers being, "The demurrer to each count of the complaint is overruled by the court." The defendant pleaded the general issue and several special pleas, in which it set up the contributory negligence of the plaintiff, and that the plaintiff had assumed the risks complained of. Issue was joined on these several pleas. It was shown by the evidence that the defendant was the owner of a certain iron-ore mine, in which there were many different entries; that these entries were worked by separate contractors, under contract with the defendant; that the plaintiff was, at the time of the accident, an employé of his brother, John Knowles, who had the contract for driving entry No. 8 in said mine; and that it was while at work in this entry that the plaintiff was injured. The other facts of the case necessary to an understanding of the decision on the present appeal are sufficiently stated in the opinion. Upon the introduction of all the evidence the defendant requested the court, among others, to give to the jury the following written charge: "If the jury believe the evidence in this case, they must find the verdict for the defendant." The court refused to give this charge, and to this ruling the defendant duly and separately excepted. There were verdict and judgment for the plaintiff, assessing his damages at $10,000. The defendant appeals, and assigns as error the several rulings of the trial court to which exceptions were reserved.

Walker, Porter & Walker and Tillman & Campbell, for appellant.

Lane & White and H. C. Selheimer, for appellee.

DOWDELL J.

The plaintiff sues for damages alleged to have been sustained on account of personal injuries received by him, caused by rock falling upon him from the roof of an iron-ore mine while engaged at work in said mine, which was the property of the defendant corporation, the Sloss Iron & Steel Company. The complaint contained 12 counts. Upon 11 of these the court gave the general charge in favor of the defendant, and upon the remaining count, which was the third, the jury gave a verdict for the plaintiff, and from the judgment rendered on this verdict the present appeal is prosecuted. The third count of the complaint, which is the one before us for consideration, is based upon the alleged negligence in the performance of a duty growing out of the relation of the owner of the property to one who is by invitation of such owner assisting in developing the same, and while so engaged receives personal injuries. It is not pretended under this count...