Smith v. Watkins
Supreme Court of Alabama
Injury to Servant. Appeal from Jefferson Circuit Court. Heard before Hon. A. O. Lane. Action by Ben Smith against B. 0. Watkins and J. E. Donelson, doing business under the firm name of Watkins & Donelson. From a judgment sustaining demurrer to the complaint, plaintiff appeals.
Read the full summary
Injury to Servant. Appeal from Jefferson Circuit Court. Heard before Hon. A. O. Lane. Action by Ben Smith against B. 0. Watkins and J. E. Donelson, doing business under the firm name of Watkins & Donelson. From a judgment sustaining demurrer to the complaint, plaintiff appeals. The complaint is as follows: “Plaintiff claims of defendant |30,000 damages, for that on, to wit, May 24, 1910, plaintiff, while in the employ of defendant, and while engaged in the actual performance of the duties of said employment, was injured in Jefferson county, state of Alabama, as follows : Tbe excavation in…
1Opinion of the CourtAndebson, J.
While it is not tbe absolute and unqualified duty of tbe master, under tbe common law, to furnish tbe servant a safe place in which to do bis work, it is bis duty to exercise reasonable skill and care to afford tbe servant a reasonably safe place within which to do bis work, and under our system of pleading the averment that- tbe master “negligently” failed to *504furnish or provide a reasonably safe place is the equivalent of averring that he failed to exercise reasonable skill and care to furnish a safe place, and is sufficient; and the complaint in the case at bar meets the former rulings of…
2Cases cited4 opinions
- Merriweather v. Sayre Mining & Mfg. Co.Supreme Court of Alabama · 1909
- Huyck v. McNerneySupreme Court of Alabama · 1909
- Wolf v. SmithSupreme Court of Alabama · 1906
- Gray Eagle Coal Co. v. LewisSupreme Court of Alabama · 1909
3Cited by16 opinions
- Jackson v. VaughnSupreme Court of Alabama · 1920
- MacKintosh Co. v. WellsSupreme Court of Alabama · 1928
- Coosa Portland Cement Co. v. CrankfieldSupreme Court of Alabama · 1918
- Hinton & Sons v. StrahanSupreme Court of Alabama · 1957
- Wilson v. Gulf States Steel Co.Supreme Court of Alabama · 1915
11 more not listed; retrieve them via the Exa API.