Republic Iron & Steel Co. v. Quinton
Supreme Court of Alabama
Appeal from Jefferson Circuit Court. Heard, before Hon. C. B. Smith. Action- by Julia Quinton, as administratrix, against the Republic Iron & Steel Company. From a judgment for plaintiff, defendant appeals.
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Appeal from Jefferson Circuit Court. Heard, before Hon. C. B. Smith. Action- by Julia Quinton, as administratrix, against the Republic Iron & Steel Company. From a judgment for plaintiff, defendant appeals. The complaint alleges that plaintiff’s intestate- was killed, while serving defendant company in the line of his employment, by contact with a current of electricity,, which was proximately caused by the negligence of defendant’s superintendent, Lang, whilé exercising his superintendence, in that said Lang negligently caused the intestate to come in contact with said current of…
1Opinion of the Court
SOMERVILLE, J.—(1) The chief question in controversy in this case is whether or not the intestate was killed while engaged in a service to the defendant which he was employed or authorized to perform. The undisputed evidence shows that his regular employment was in the capacity of assistant boss driver, and it follows, of course, that if he gratuitously, or without proper authorization, undertook to aid in the work of repairing the wreck, and in so doing handled the electric wire which shocked and killed him, he is not entitled to recover on this complaint.(2) The intestate was working…
2Cases cited2 opinions
- Southern Railway v. GuytonSupreme Court of Alabama · 1898
- Georgia Pacific Railroad v. PropstSupreme Court of Alabama · 1887
3Cited by52 opinions
- Georgia Cotton Co. v. LeeSupreme Court of Alabama · 1916
- Julian v. WoolbertSupreme Court of Alabama · 1919
- Howton v. MathiasSupreme Court of Alabama · 1916
- Cairnes v. Hillman Drug Co.Supreme Court of Alabama · 1926
- St. Louis-San Francisco Ry. Co. v. KimbrellSupreme Court of Alabama · 1932
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