Woodward Iron Co. v. Finley

• Decision Date: 07 November 1914
• Docket Number: 738
• Court: Alabama Supreme Court
• Parties: WOODWARD IRON CO. et al. v. FINLEY.

66 So. 587

189 Ala. 634

WOODWARD IRON CO. et al. v. FINLEY.

No. 738

Supreme Court of Alabama

November 7, 1914

Appeal from Bessemer City Court; J.C.B. Gwin, Judge.

Action by A.M. Finley against the Woodward Iron Company and another for damages for injuries to plaintiff as licensee. From a judgment for plaintiff, defendants appeal. Reversed and remanded.

The fifth count is as follows:

Plaintiff claims of defendant the further sum of $25,000 damages, and avers defendants Woodward Iron Company, a corporation, and the said Arthur Williams, were engaged in operating an ore mine near Bessemer, Jefferson county, Ala on, to wit, October 17, 1912, and had and used in their business a system of tram cars propelled by steam power running in and out of the said mine of defendants, and had in their employment an engineer or servant to operate said steam engine and tram cars in defendant's said mine, who controlled and managed the operation of the said tram cars in defendant's said mine by means of a cable connected and attached to the said tram cars and a drum which said drum was turned and operated by said steam power on the outside of said mine, and on said date aforesaid this plaintiff was on the premises of defendants in one of the said tram cars of defendant's while the same was descending the slope in said mine, under the license of defendants, and while in said tram car and on his way in said mine to help or perform work for defendant's contractor, Veacher Head, said engineer or servant of defendants, and who was acting within the scope of his authority as such engineer and in charge and control of the said engine and tram cars, wantonly, willfully, or intentionally wrecked and derailed said tram cars upon which plaintiff was riding into said mine, and plaintiff avers that, by reason of said wanton, willful, or intentional act of said engineer, this plaintiff's body was badly bruised, one of his legs was broken and crushed, he was greatly shocked from which he suffered great mental and physical pain, his leg was permanently damaged and injured and the capacity of the same decreased and rendered useless to plaintiff for the balance of his life, he lost time from his employment, he has been rendered less able to earn money by his labor, the only means of his support, he had to pay large sums for nursing and medical attention, and made to go lame and halt the remainder of his life, all to his great damage as

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