Alabama Mineral Railroad v. Marcus
Supreme Court of Alabama
Appeal from the Circuit Court of Slielby. Tried before the Hon. George E. Brewer. This suit was brought by the appellee, R. L. Marcus, against the -appellant, the Alabama Mineral Railroad Company, to recover damages for personal injuries, received by him while in the employ of the defendant as a section hand. The complaint, as originally filed, contained six counts.
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Appeal from the Circuit Court of Slielby. Tried before the Hon. George E. Brewer. This suit was brought by the appellee, R. L. Marcus, against the -appellant, the Alabama Mineral Railroad Company, to recover damages for personal injuries, received by him while in the employ of the defendant as a section hand. The complaint, as originally filed, contained six counts. The court sustained demurrers to the- 1st, 2d and 4th counts, and gave the general affirmative charge in favor of the defendant upon the 6th count, leaving only the 3d and 5th counts, upon which the trial was had. In the 3d count,…
1Opinion of the CourtMcCLELLAN, J.
Too much prominence was given by the court below in its charges to the jury to the fact that the plaintiff was a minor at the time he received the injuries of which he complains, in view of the further fact that he was approaching his majority, being about nineteen years old, and was fully matured physically and mentally for one of his age; or, more accurately speaking perhaps, the court unduly obscured these latter facts. A minor upon entering contractually upon a given service assumes the risks thereof as fully as does an adult; and the mere fact of minority does not of and in itself…
2Cited by10 opinions
- Autio v. MillerMontana Supreme Court · 1932
- Escambia County Electric Light & Power Co. v. SutherlandSupreme Court of Florida · 1911
- McCaa v. ThomasSupreme Court of Alabama · 1922
- Coons v. Pritchard ex rel. PritchardSupreme Court of Florida · 1915
- Moss v. MoselySupreme Court of Alabama · 1906
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