Brammer v. Pettyjohn
Supreme Court of Alabama
Appeal from Birmingham City Court'. Heard before Hon. Charles A. Senn, Action by F. E. Brammer, by next friend, against L. G. Pettyjohn and others. From a judgment for defendants, plaintiff appeals.
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Appeal from Birmingham City Court'. Heard before Hon. Charles A. Senn, Action by F. E. Brammer, by next friend, against L. G. Pettyjohn and others. From a judgment for defendants, plaintiff appeals. It is the duty of a master who knowingly employs a youthful and inexperienced servant and subjects him to the control of another servant to see that he is not employed in a more dangerous position than that for which he was employed, and to give such warning of his danger as his youth or inexperience demands. — Ala. Steel & Wire Go. v. Wrenn, 136 Ala. 492-3; Bailey’s Mast. Liab. 109-11-12; Holland…
1Opinion of the CourtMcCLELLAN, J.
The appellant, a boy 16 years of age, was injured as the result of the contact of his hand with the saws of a running gin. • The record does not disclose that he was less intelligent than the average youth of that age. — Worthington v. Goforth, 124 Ala. 656, 26 South. 531; King v. Woodstock Co., 143 Ala. 632, 42 South. 27. By his own testimony it appears that the danger of injury to one inserting his hand beneath the ribs and above the running saws of the gin wás known to him; the apron of the gin being raised so as to expose the dangerous situation. He also testified that “he saw these saws…
2Cases cited6 opinions
- Bienville Water Supply Co. v. City of MobileSupreme Court of Alabama · 1899
- Moss v. MoselySupreme Court of Alabama · 1906
- Worthington & Co. v. GoforthSupreme Court of Alabama · 1899
- King v. Woodstock Iron Co.Supreme Court of Alabama · 1904
- Naftel v. OsbornSupreme Court of Alabama · 1893
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Warble v. Sulzberger Co. of AmericaSupreme Court of Alabama · 1914
- Benton v. City of MontgomerySupreme Court of Alabama · 1917
- City of Anniston v. RosserSupreme Court of Alabama · 1963
- Louisville & Nashville R. R. v. WilsonSupreme Court of Alabama · 1909
- Donahoo Horse & Mule Co. v. DurickSupreme Court of Alabama · 1915
4 more not listed; retrieve them via the Exa API.