The Birmingham age-herald., 1921-11-18
SUPREME COURT
 REVERSES ITSELF
 IN SW|NEY CASE
Former Opinion Set Aside and Plaintiff Held Enti- tied to Damages
 Awarded
By FRED II. GoRMLEY

2sl-2 kirst NationaI Bank Buildins
 Montgomery, November 17.-(Spe- cial. )-Setting aside former opinion the supreme court of Alabama Thurs day held that c. W. Swiney of Jeff ferson county Is entitled to recover damages for personal injuries from the Robinson Mining company, a coal corporation of that county The court set-aside its opinion of some time ago and affirmed a decision of the lower court, which gave Swiney sl.650
 The Swiney case was the only one acted upon favorably for the persons asking for rehearing of high court decisions. Other petitions for rehear- ing were denied, with the exception of the one of Swiney.
 The miner sued the company for s1o,00O, alleging that he was injured while discharging his duties with the company. The lower court gave him Judgment for $i,650. An appeal was then taken by the company and the supreme court reversed and re-. manded the case. On the appeal for rehearing Thursday the court set aside it's former decision and af- firmed the decision of the lower court. Evidence showed that Swiney was braking on tram cars, and that he was injured when thrown to the ground after the brake stick broke.
 Decisions Announced
 Decisions announced by the su- preme court of Alabama Thursday follow-on applications for rehear- ing:
 Jacob II. Reichert vs Jerome H. sheip Qnc.) ct al. Baldwin circuit court; overruled.
 E. Redwood Berry ct al. vs Jacob Marx, Greene circuit court; overruled.
 Jessie l.. Hattemer, executrix. Vs. c. NJ. Davis, Lowndes circuit court; overruled.
 American Bonding company vs. Fourth National bank, Montgomery, Montgomery circuit court (equity); everruled.
 W. Nash Read vs. FIaketown Graphite company. Montgomery cir cult court; overruled.
 J. w. Abercrombie vs Virginia Carolina Chemical company, Mont gomery circuit court; overruled,
 Central of Georgia railway vsaDo- than National bank. Houston circuit court; overruled.
 w. J. Fiduett ys. Wade Electric Light and Power company, Chiffon circuit court; overruled.
 Robinson Mining company vs C. W. Swiney, Jefferson circuit court; re- hearing granted; judgment of rever sal set aside and affirmed.
 l.. F. Parsons. admfnistratrix. vs. Yolande Coal and Coke company, Tus- caloosa circuit court; overruled.
 Frank Hamilton vs. Terry Furpi- ture and Loan company, Jefferson circuit court, Bessemer division, opinion modified and application overruled. <
 Virginia Huey ct all ys D. A. Brock ct al, Jefferson circuit court tequity); overruled
 American Cast Iron Pipe company vs. Birmingham Tailoring company. Jefferson circuit court; opinion ex- tended; application overruIed.
 South Brilliant Coal company vs. J. D. Williams, Marion circuit court; overruled.
 J. A. Kirkland vs. Laumer Lumber company. Jefferson circuit court; overruled.
 Wakner Grocery company vs. Dood Cooner Mercantile company. Walker circuit court; oyerruled.
 S. H. Howell vs. T. l.. Smith. Cal houn circuit court; overruled.
 Frank Cook ys. the Sheffield com pany Lauderdaie circuit court; over ruled.
 James H. Foley ct al. vs. Price AL exander Hamilton ct al, Limestone circuit court (equity). overruled.
 Ex rparte Jake Morrell ct al. vs. state, petition for certiorari to court of appeals; rehearins overruled.
 Mrs lc. B. Manning vs. Atlanta. Birmingham and Atlantic railway, Clay circuit court; opinion modified; rehearing overru1ed.
 Louis Pizitz Dry Goods company vs. Tony Cusimano. Jefferson circuit court; opinion modified; rehearing oyerruled.