Allen v. Alger-Sullivan Lumber Co.
Supreme Court of Alabama
Appeal from Circuit Court, Conecuh County; A. E. Gamble, Judge. Action by Hays Allen against the Alger-Sullivan Lumber Company for damages for death of his minor son in employment.' Erom judgment for defendant, plaintiff appeals. Appellant sued appellee to recover damages for the death of his son Rupert Allen, a minor between 14 and 15 years of age, who was in the employ of the defendant company.
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Appeal from Circuit Court, Conecuh County; A. E. Gamble, Judge. Action by Hays Allen against the Alger-Sullivan Lumber Company for damages for death of his minor son in employment.' Erom judgment for defendant, plaintiff appeals. Appellant sued appellee to recover damages for the death of his son Rupert Allen, a minor between 14 and 15 years of age, who was in the employ of the defendant company. Counts 1 and 3 as amended, after alleging the wrongful employment of the son by the defendant without plaintiff’s consent, sought recovery upon the theory of the negligence of the defendant, its…
1Opinion of the CourtGardner, J.
[1] Count 2 as amended rested for recovery upon the employment by the defendant of the plaintiff’s minor son to engage in dangerous work, without plaintiff’s knowledge or consent, and his injury and death as a consequence thereof.
This count did not rely upon the doctrine of negligence, and the plea of contributory negligence was improperly allowed as a defense thereto. Marbury Lbr. Co. v. Westbrook, 121 Ala. 179, 25 South. 914; Huntsville Knitting Mills v. Butner, 194 Ala. 317, 69 South. 960. But it is insisted that, if demurrer to this plea was improperly sustained, i t was without injury…
2Cases cited6 opinions
- Louisville & Nashville R. R. v. BogueSupreme Court of Alabama · 1912
- Marbury Lumber Co. v. WestbrookSupreme Court of Alabama · 1898
- Woodward Iron Co. v. CookSupreme Court of Alabama · 1899
- Huntsville Knitting Mill Co. v. ButnerSupreme Court of Alabama · 1915
- Tennessee C. I. & R. R. v. CrotwellSupreme Court of Alabama · 1908
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Alabama Power Co. v. StognerSupreme Court of Alabama · 1922
- Vaughn v. Dwight Mfg. Co.Supreme Court of Alabama · 1921
- Kuykendall v. EdmondsonSupreme Court of Alabama · 1922
- Taylor v. City of ClantonSupreme Court of Alabama · 1944
- Allen v. Alger-Sullivan Lumber Co.Supreme Court of Alabama · 1921