King v. Woodstock Iron Co.
Supreme Court of Alabama
Appeal from the City Court of Anniston. Tried before the Hon. Thomas W. Coleman, Je. This action was brought by Prank Martin, as administrator of the estate of Sydney Olive, deceased, against the appellee, the Woodstock Iron- Company, claiming damages for the death of plaintiff’s intestate, — alleged to have been caused by the defendant, — and revived in name of J. H. King as such. There are ¡three counts in the complaint.
Read the full summary
Appeal from the City Court of Anniston. Tried before the Hon. Thomas W. Coleman, Je. This action was brought by Prank Martin, as administrator of the estate of Sydney Olive, deceased, against the appellee, the Woodstock Iron- Company, claiming damages for the death of plaintiff’s intestate, — alleged to have been caused by the defendant, — and revived in name of J. H. King as such. There are ¡three counts in the complaint. The first count charges that Charley Fipps, as yard foreman, and who had superintendence intrusted to him, negligently ordered plaintiff’s intestate to get on one of the…
1Opinion of the CourtSimpson, J.
The demurrers to the 3rd plea were properly overruled. The intestate, being eighteen or nineteen years of age, is presumed to have been of sufficient intelligence to assume the risk of the employment to the same extent as if he was twenty-one, and if he was inexperienced and needed special instruction, that was a matter to be shown by evidence on the part of the plaintiff. — Williams v. S. & N. Ala. R. R. Co., 91 Ala. 335, 338; Lovell v. DeBardeleben Coal & Iron Co., 90 Ala. 15.
And the demurrer to the fourth plea was also properly overruled, for the same reason, and the further one that there…
2Cited by8 opinions
- Louisville & Nashville R. R. v. WilsonSupreme Court of Alabama · 1909
- Brammer v. PettyjohnSupreme Court of Alabama · 1908
- Woodstock Iron Works v. KlineSupreme Court of Alabama · 1907
- Robinson Mining Co. v. SwineySupreme Court of Alabama · 1921
- Sloss-Sheffield Steel & Iron Co. v. BrooksSupreme Court of Alabama · 1920
3 more not listed; retrieve them via the Exa API.