Bice v. Steverson
Supreme Court of Alabama
Appeal from Circuit Court, Coosa County; S. L. Brewer, Judge. Action by Emerson Bice, by next friend, against John M. Steverson, for damages for personal injuries. Judgment for defendant, and plaintiff appeals. The allegations common to all the counts of the complaint are that plaintiff was a minor, 16 years of age, and was in the service and employment of defendant, and engaged in aiding in checking lumber and loading same upon a railroad car, at Kellyton, Ala.
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Appeal from Circuit Court, Coosa County; S. L. Brewer, Judge. Action by Emerson Bice, by next friend, against John M. Steverson, for damages for personal injuries. Judgment for defendant, and plaintiff appeals. The allegations common to all the counts of the complaint are that plaintiff was a minor, 16 years of age, and was in the service and employment of defendant, and engaged in aiding in checking lumber and loading same upon a railroad car, at Kellyton, Ala. Under the direction of one M. A. Baker, who was in the employ of the defendant, and had the superintendence of the loading and…
1Opinion of the CourtSomerville, J.
[1] If there was error in sustaining the demurrers to counts 1 and 2 of the complaint, based upon the negligence or the negligent order of defendant’s superintendent Baker, it cannot he held as prejudicial, since plaintiff had the full benefit of the matters therein alleged under counts 5, 6, 7, S, or 9.
[2] Counts 3 and 11 are framed under subdivision 1 of the Employers’ Liability Act (Code, § 3910). If the demurrers to these counts were improperly sustained, the rulings were not prejudicial, for the reason that the evidence could not, in any aspect, have supported the charge of these counts…
2Cases cited5 opinions
- Southern Railway Co. v. BuntSupreme Court of Alabama · 1901
- Birmingham Ry. Light & Power Co. v. BrownSupreme Court of Alabama · 1907
- Central of Georgia Railway Co. v. FreemanSupreme Court of Alabama · 1901
- Alabama Steel & Wire Co. v. TallantSupreme Court of Alabama · 1910
- Seminole Graphite Co. v. ThomasSupreme Court of Alabama · 1920
3Cited by10 opinions
- Sims v. StruthersSupreme Court of Alabama · 1957
- Shearin v. PizitzSupreme Court of Alabama · 1922
- Carr v. IronsSupreme Court of Alabama · 1972
- City of Birmingham v. JacksonSupreme Court of Alabama · 1934
- Bice v. SteversonSupreme Court of Alabama · 1924
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