Brilliant Coal Co. v. Sparks
Alabama Court of Appeals
Appeal from Circuit Court, Marion County; C. P. Almon, Judge. Action by Julius Sparks by his next friend against the Brilliant Coa.l Company, for damages for injuries received in a mine. The pleading and objection to evidence sufficiently appear from the opinion. Assignment 4 is to exclude from the jury the following statement of the witness White: “I was present and heard Mr. Webb Bishop tell Julius not to lie down and go to sleep; that he would get a car run over him.”
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Appeal from Circuit Court, Marion County; C. P. Almon, Judge. Action by Julius Sparks by his next friend against the Brilliant Coa.l Company, for damages for injuries received in a mine. The pleading and objection to evidence sufficiently appear from the opinion. Assignment 4 is to exclude from the jury the following statement of the witness White: “I was present and heard Mr. Webb Bishop tell Julius not to lie down and go to sleep; that he would get a car run over him.” The following charges were refused the defendant: (1) General affirmative charge. (2) Affirmative charge as to count A. (4)…
1Opinion of the CourtSamford, J.
The complaint in this case is based upon subdivision 11 of section 6 of an act of the Legislature approved February 24, 1915 (Acts 1915, p. 193), which reads^as follows:
“No child under the age of 16 years shall be employed, permitted or suffered to work in any capacity * * * (11) nor in, about or in connection with any mine, coal breaker, coke oven or quarry.”
Section 1035 of the Code of 1907 is in all respects similar to the act referred to, except that the age of the child is fixed in the act at 16 years. This statute has been construed by the Supreme Court, so as to make an employer of a…
2Cases cited5 opinions
- Mobile, J. &. K. C. R. R. v. HawkinsSupreme Court of Alabama · 1909
- DeSoto Coal M. & Dev. Co. v. HillSupreme Court of Alabama · 1912
- Cole v. Sloss-Sheffield Steel & Iron Co.Supreme Court of Alabama · 1914
- Stearnes v. EdmondsSupreme Court of Alabama · 1914
- Tittle v. StateAlabama Court of Appeals · 1916
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