Marbury Lumber Co. v. Westbrook
Supreme Court of Alabama
Appeal .from the Oircuit Court of Autauga. Tried before the Hon. N. D. Denson. Mrs. M. 0. Westbrook sued the Marbury Luniber Company, a corporation, to recover damages for injury to her son. The father of the son was dead and the son, a boy under fourteen years of age, was put by the company to work at a place about its mill which was alleged by the plaintiff to be dangerous, and while so engaged he was severely injured.
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Appeal .from the Oircuit Court of Autauga. Tried before the Hon. N. D. Denson. Mrs. M. 0. Westbrook sued the Marbury Luniber Company, a corporation, to recover damages for injury to her son. The father of the son was dead and the son, a boy under fourteen years of age, was put by the company to work at a place about its mill which was alleged by the plaintiff to be dangerous, and while so engaged he was severely injured. The defendant company pleaded, among other pleas, contributory negligence on the part of the boy in this that, the employment was with the consent of his mother, and the boy-…
1Opinion of the Court
MoCLELLAN, C. J.-
— -This action is prosecuted by .Mrs. Westbrook against the Lumber Company. The complaint contains two counts. The first count- as amended is as follows: “Plaintiff claims .of ;the defend.*183ant ten thousand dollars as damages- for that heretofore, to-wit, on the 16th day of September, 1896, defendant was running and operating a saw mill at or near Bozeman, Alabama, and in or about the operation or running thereof the defendant wrongfully, without the ' consent of plaintiff, caused plaintiff’s minor son, ■ Guy Westbrook,, whose father was then dead- and who was a member of…
2Cited by26 opinions
- Memphis & Charleston Railroad v. MartinSupreme Court of Alabama · 1901
- Forquer v. Slater Brick Co.Montana Supreme Court · 1908
- Wills v. Montfair Gas Coal Co.West Virginia Supreme Court · 1927
- Hatcher v. CampSupreme Court of Alabama · 1966
- Huntsville Knitting Mills v. ButnerSupreme Court of Alabama · 1917
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