Legal Opinion

Woodward Iron Co. v. Curl

Supreme Court of Alabama

Decided November 21, 1907PublishedCited by 11 opinions

Appeal from Bessemer City Court. Heard before 1-Ion. William Jackson. Action by I. S. Curl against tlie Woodward Iron Company. From a judgment for plaintiff, defendant appeals.

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Appeal from Bessemer City Court. Heard before 1-Ion. William Jackson. Action by I. S. Curl against tlie Woodward Iron Company. From a judgment for plaintiff, defendant appeals. The following charges were given by tbe court at the request of the plaintiff; “I charge you, gentlemen of the jury, that three things are necessary to entitle plaintiff to a recovery: (1) That Clinton Curl was a minor; (2) that the company did not have the father’s consent to such employment; (3) That the said minor was injured as a proximate consequence of the employment.” Charge 4: “I charge you, gentlemen of the…

1Opinion of the CourtSimpson, J.

— This was an action by the appellee against the appellant for damages on account of injuries received by Clinton Curl, the 19 year old son of the plaintiff, while in the employment of the defendant. The first assignment of error relates to the action of the court in overruling the demurrer to the first count of the *208complaint; the grounds of demurrer insisted upon being (1) that the count failed to aver that the plaintiff’s son was a member of his family and dependent upon him, and (2) that it fails to show that the employment was a hazardous one. This count does not allege any act of…

2Cases cited5 opinions

  1. Williams v. South & North Ala. RailroadSupreme Court of Alabama · 1890
  2. Marbury Lumber Co. v. WestbrookSupreme Court of Alabama · 1898
  3. Barnes v. . KeeneNew York Court of Appeals · 1892
  4. Gulf, Colorado & Santa Fe Railway Co. v. RedekerCourt of Appeals of Texas · 1889
  5. Fairmount & Arch Street Passenger Railway Co. v. StutlerSupreme Court of Pennsylvania · 1867

3Cited by11 opinions

  1. McWhorter Transfer Co. v. PeekSupreme Court of Alabama · 1936
  2. Birmingham Railway, Light & Power Co. v. ChastainSupreme Court of Alabama · 1908
  3. Wilson & Co. v. SimsSupreme Court of Alabama · 1948
  4. Birmingham Railway, Light & Power Co. v. BakerSupreme Court of Alabama · 1909
  5. Taylor v. City of ClantonSupreme Court of Alabama · 1944

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