Warble v. Sulzberger Co. of America
Supreme Court of Alabama
Appeal from Birmingham City Court. Heard before Hon. W. M. Walker. Action by Edward Warble, a minor, by next friend, against the Sulzberger Company of America for damages received while performing duties under his employment. Judgment for defendant and plaintiff appeals.
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Appeal from Birmingham City Court. Heard before Hon. W. M. Walker. Action by Edward Warble, a minor, by next friend, against the Sulzberger Company of America for damages received while performing duties under his employment. Judgment for defendant and plaintiff appeals. The court erred in overruling demurrers to the 12th plea. — Osborn v. Ala. 8. & W. Go., 135 Ala. 571; Marbury L. Go. v. Westbrook, 121 Ala. 180; T. G. I. & R. R. Go. v. Burgess, 158 Ala. 519. The remedial functions of the last lines of section 2910, Code 1907, are to be kept in mind in considering the action of the court in…
1Opinion of the CourtMcCLELLAN, J.
Action by a servant (appellant) against tbe master (appellee) for personal injuries received while performing duties under his employment. While cleaning a room, his hand came in contact with the unguarded revolving fenders of a fan used for ventilation; and two of his fingers were severed from the hand. At the request of the defendant, the court gave the general affirmative charge for the defendant. But two assignments of error are urged in brief, viz., that predicated of the overruling of demurrer to special plea 12, and that based upon the giving of the affirmative charge as stated.
The…
2Cases cited2 opinions
- Sloss-Sheffield Steel & Iron Co. v. ReddAlabama Court of Appeals · 1912
- Brammer v. PettyjohnSupreme Court of Alabama · 1908
3Cited by25 opinions
- City of Montgomery v. FergusonSupreme Court of Alabama · 1922
- Louisville & Nashville R. R. v. JenkinsSupreme Court of Alabama · 1916
- Mi-Lady Cleaners v. McDanielSupreme Court of Alabama · 1938
- Alabama Terminal R. R. v. BennsSupreme Court of Alabama · 1914
- Fuller v. BlackwellSupreme Court of Alabama · 1945
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