Allen v. Alger-Sullivan Lumber Co.
Supreme Court of Alabama
Appeal fro-m Circuit Court, Conecuh County; John D. Leigh, Judge. Action by Hays Allen against the Alger-Sullivan Lumber Company for damages for the death of plaintiff’s minor 'son Rupert Allen. Judgment for defendant, and plaintiff appeals.
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Appeal fro-m Circuit Court, Conecuh County; John D. Leigh, Judge. Action by Hays Allen against the Alger-Sullivan Lumber Company for damages for the death of plaintiff’s minor 'son Rupert Allen. Judgment for defendant, and plaintiff appeals. Count 1, as amended, after stating that the defendant was engaged in the timber and logging business in Conecuh county, Ala., and that plaintiff’s minor son was in the employment or service of the defendant without the consent of plaintiff, and that while in such employment a log or tree was negligently cut down in such manner as to fall or be thrown…
1Opinion of the CourtThomas, J.
The suit was by father for death of minor son. Counts 1, as amended, and 3 were under the Homicide Act (Code, § 2485). Count 2, as amended, was rested upon employment by defendant of plaintiff’s minor son to engage in dangerous work, without plaintiff’s consent, and his injury and. death as a proximate consequence thereof.
[1] Plea 2 of contributory negligence was properly allowed as answer to counts 1, as amended, and 3, and not to count 2. Allen v. Alger-Sullivan Lbr. Co., 204 Ala. 92, 85 South. 278.
[2] It is unnecessary to discuss assignments of error not insisted upon in brief or argument…
2Cases cited15 opinions
- Georgia Cotton Co. v. LeeSupreme Court of Alabama · 1916
- Williams v. StateSupreme Court of Alabama · 1887
- Capital Security Co. v. OwenSupreme Court of Alabama · 1916
- Bowdoin v. Alabama Chemical Co.Supreme Court of Alabama · 1918
- Alabama Power Co. v. HamiltonSupreme Court of Alabama · 1917
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3Cited by4 opinions
- Vaughn v. Dwight Mfg. Co.Supreme Court of Alabama · 1921
- Chattanooga Sav. Bank v. CrawfordSupreme Court of Alabama · 1921
- Taylor v. City of ClantonSupreme Court of Alabama · 1944
- Peagler v. StateSupreme Court of Alabama · 1922