Alabama Great Southern R. R. v. Burks
Supreme Court of Alabama
Action for Injuries to Licensee. Appeal from Etowah Circuit Court. Heard before Hon. W. W. Haralson. Action by Enoch Marvin Burks against the Alabama G-reat Southern Railroad Company. From a judgment in favor of plaintiff, defendant appeals. This was an action for damages by an employe, the plaintiff, against appellant, for personal injury alleged to have been sustained.
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Action for Injuries to Licensee. Appeal from Etowah Circuit Court. Heard before Hon. W. W. Haralson. Action by Enoch Marvin Burks against the Alabama G-reat Southern Railroad Company. From a judgment in favor of plaintiff, defendant appeals. This was an action for damages by an employe, the plaintiff, against appellant, for personal injury alleged to have been sustained. The cause was tried on counts 2 and 4, Avhich are as follows: Count 2: “Plaintiff claims of the defendant, a body corporate doing business in Etowah county, state of Alabama, $25,000 damages, for that on, to-wit, September 7,…
1Opinion of the CourtAnderson, J.
This cáse Avas tried upon counts 2 .and 4, and to Avhich the demurrers interposed by the defendant were overruled by the trial court. Conceding that these two counts correctly proceed upon the theory that the plaintiff was a licensee, the evidence sIioavs the relationship of master and servant, and charges 26 and 27, the affirmative charges, should have been given.
It appears from the evidence that the employer consented to plaintiff’s services, and therefore exercised the right of selecting him, had the right to remove or discharge him, and to direct him in the rendition of the services…
2Cases cited2 opinions
- Drennen & Co. v. SmithSupreme Court of Alabama · 1896
- Heygood v. StateSupreme Court of Alabama · 1877
3Cited by5 opinions
- Leith v. StateSupreme Court of Alabama · 1921
- Reed v. Ridout's Ambulance, Inc.Supreme Court of Alabama · 1925
- Western Union Telegraph Co. v. GormanSupreme Court of Alabama · 1938
- Boyd v. City of MontgomeryCourt of Civil Appeals of Alabama · 1987
- Wise v. LillieSupreme Court of Kansas · 1911