DeSoto Coal M. & Dev. Co. v. Hill
Supreme Court of Alabama
Appeal from Birmingham City Court. Heard before Hon. C. W. Ferguson. Action by Jim Hill, by next friend, against the De Soto Coal, Mining & Development Company for damages for injuries received. From judgment for plaintiff, defendant appeals.
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Appeal from Birmingham City Court. Heard before Hon. C. W. Ferguson. Action by Jim Hill, by next friend, against the De Soto Coal, Mining & Development Company for damages for injuries received. From judgment for plaintiff, defendant appeals. The following is the complaint: Count 1: “The plaintiff, Jim Hill, who is a minor, who is of the age of 13 years, and who sues by W. J. Hill, as his next friend, claims of defendant the sum of $10,000 as damages, for that heretofore, to wit, the defendant was engaged in and about the business of operating a coal mine, known as Indio mine, in Jefferson…
1Opinion of the CourtAnderson, J.
Section 1035 of the Code of 1907 says: “No woman or boy under the age of fourteen years, shall be employed to work or labor in or about any mine in this state.” This statute was intended to protect women and children of a tender age from incurring the hazard and danger incident to the operation of mines by imperatively preventing the employment of same, and requires the employer to see and know that those whom they employ are not within the prohibited class, and it should be liberally construed so as to effectuate the humane intent of the Legislature. As was said by the New York court, in the…
2Cases cited15 opinions
- American Car & Foundry Co. v. ArmentrautIllinois Supreme Court · 1905
- Inland Steel Co. v. YedinakIndiana Supreme Court · 1909
- Rolin v. . Tobacco Co.Supreme Court of North Carolina · 1906
- Starnes Ex Rel. Starnes v. Albion Manufacturing Co.Supreme Court of North Carolina · 1908
- Strafford v. Republic Iron & Steel Co.Illinois Supreme Court · 1909
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3Cited by22 opinions
- Stetz v. F. Mayer Boot & Shoe Co.Wisconsin Supreme Court · 1916
- Garrett v. L. & N. R. R.Supreme Court of Alabama · 1916
- J. Ray Arnold Lumber Corp. v. RichardsonSupreme Court of Florida · 1932
- Daly v. Swift & Co.Montana Supreme Court · 1931
- De Soto Coal, Mining & Development Co. v. HillSupreme Court of Alabama · 1914
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