Woodward Iron Co. v. Boswell
Supreme Court of Alabama
Appeal from Birmingham City Court. Heard before Hon. Charles W. Ferguson. Actioh by Anna Boswell, as administratrix*, hgainst the Woodward Iron Company, for damages for the death of her intestate. Judgment for plaintiff, and defendant appeals. Count 8 is under the first' subdivision of the Employers’ Liability Act (Code 1907, § 3910), and declares for a defect in the furnace. Count A sufficiently appears.
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Appeal from Birmingham City Court. Heard before Hon. Charles W. Ferguson. Actioh by Anna Boswell, as administratrix*, hgainst the Woodward Iron Company, for damages for the death of her intestate. Judgment for plaintiff, and defendant appeals. Count 8 is under the first' subdivision of the Employers’ Liability Act (Code 1907, § 3910), and declares for a defect in the furnace. Count A sufficiently appears. Count B is based upon the negligence of the superintendent, in that he negligently caused or allowed work of defendant to be done in a manner dangerous to the safety of plaintiff’s…
1Opinion of the CourtAnderson, C. J.
(1-3) This cause was submitted to the jury upon counts 8, A, and B. Count A is under the common law for a failure to exercise reasonable care to furnish the intes*426tate a reasonably safe place in which to work, and the proof did not support that count. Hence the trial court erred in refusing the general charge requested by the defendant as to this count. It is the nondelegable duty of the master to exercise reasonable care to furnish a reasonably safe place to the servant, but when this is done the duty of keeping the place safe and in repair is delegable.—Southern Sewer Co. v. Hawkins, 192…
2Cases cited3 opinions
- Linderman v. Tennessee Coal, Iron & RailroadSupreme Court of Alabama · 1912
- Southern Sewer Pipe Co. v. HawkinsSupreme Court of Alabama · 1915
- Central Foundry Co. v. BaileySupreme Court of Alabama · 1909
3Cited by6 opinions
- Fireman's Fund Am. Ins. Co. v. ColemanSupreme Court of Alabama · 1981
- Foreman v. Dorsey Trailers, Inc.Supreme Court of Alabama · 1951
- Procter & Gamble Co. v. StaplesSupreme Court of Alabama · 1989
- Louisville N. R. Co. v. FranksSupreme Court of Alabama · 1921
- Procter & Gamble Co. v. StaplesSupreme Court of Alabama · 1989
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