Harbison-Walker Refractories Co. v. Hatcher
Supreme Court of Alabama
Appeal from Circuit Court, Jefferson County; John C. Pugh, Judge. Action by Emanuel Hatcher, pro ami, against the Harbison-Walker Refractories Company. From judgment for plaintiff, defendant appeals.
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Appeal from Circuit Court, Jefferson County; John C. Pugh, Judge. Action by Emanuel Hatcher, pro ami, against the Harbison-Walker Refractories Company. From judgment for plaintiff, defendant appeals. The counts mentioned in the complaint are. as follows: Count 2: “The plaintiff, a minor under the age of 21 years, suing by next friend, claims of the defendant the sum of, to wit, $5,000 as damages for that on heretofore, to wit, August 30, 1918, the defendant was engaged in the operation of a manufacturing plant for the manufacture of brick or other products at or near Fairfield, Jefferson…
1Opinion of the CourtMcCLELLAN, J.
The plaintiff (appellee), a minor suing by next friend, was accorded a judgment against defendant (appellant) because of physical injury suffered by him while in the employment and service of the defendant. The plaintiff was 12 years of age when he was injured.
[1] The insistence that count 2 was defective and demurrer thereto erroneously overruled is not well founded. That count was not demurrable.
[2] Thé report of the appeal will reproduce count 6. The court overruled the demurrer to this count, proceeding, it seems, on the correct and applicable theory that the doctrine of these decisions…
2Cases cited8 opinions
- Postal Tel. Cable Co. v. MinderhoutSupreme Court of Alabama · 1916
- Adler v. StateSupreme Court of Alabama · 1876
- DeSoto Coal M. & Dev. Co. v. HillSupreme Court of Alabama · 1912
- Gordon v. StateSupreme Court of Alabama · 1875
- Cole v. Sloss-Sheffield Steel & Iron Co.Supreme Court of Alabama · 1914
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3Cited by2 opinions
- Kilby Car & Foundry Co. v. Georgia Casualty Co.Supreme Court of Alabama · 1923
- Harbison Walker Refractories Co. v. HatcherAlabama Court of Appeals · 1920