Black Diamond Coal Mining Co. v. Ellis

Full title: BLACK DIAMOND COAL MINING CO. v. Nellie ELLIS, Adm'x

Court: Supreme Court of Alabama

Date published: Jun 28, 1951

53 So. 2d 593 (Ala. 1951)

53 So. 2d 593

Opinion

6 Div. 67.

March 15, 1951. Rehearing Denied June 28, 1951.

Appeal from Circuit Court, Jefferson County; F. R. Mathews, Judge.

Lange, Simpson, Robinson Somerville, of Birmingham, and Huey, Welch Stone, of Bessemer, for appellant.

Cabaniss Johnston, Burr, McKamy, Moore Tate and White, Bradley, Arant All, of Birmingham, amici curiae.

Lipscomb Brobston and Jas. M. Hamrick, of Bessemer, and D. G. Ewing, of Birmingham, for appellee.

LAWSON, Justice.

The holding of this court in the case of Woodward Iron Co. v. Craig, Administratrix, 53 So.2d 586,¹ is controlling of this appeal. Upon the authority of that case, the judgment appealed from is reversed and the cause is remanded.

1 Ante, p. 37.

Reversed and remanded.

LIVINGSTON, C. J., and FOSTER and STAKELY, JJ., concur.