Lovell v. DeBardelaben Coal & Iron Co.
Supreme Court of Alabama
Appeal from the City Court of Birmingham. Tried before the Hon. H. A. Sharpe. This action was brought .by James A- Lovell against the appellee, a corporation doing business at and near Bessemer, and running freight cars drawn by steam-engines, to recover damages for the death of plaintiff’s minor son, alleged to have been caused by the negligence of the defendant’s servants in charge of one of its trains, while he was engaged in coupling.cars in the discharge of his duties…
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Appeal from the City Court of Birmingham. Tried before the Hon. H. A. Sharpe. This action was brought .by James A- Lovell against the appellee, a corporation doing business at and near Bessemer, and running freight cars drawn by steam-engines, to recover damages for the death of plaintiff’s minor son, alleged to have been caused by the negligence of the defendant’s servants in charge of one of its trains, while he was engaged in coupling.cars in the discharge of his duties as switchman and bralceman. The accident occurred on the 21st June, 1888, and the action was brought on the 6th May,…
1Opinion of the CourtMcOLELLAN, J.
If the employment of the plaintiff’s minor son by the defendant was against the will of the former, his rights would thereby be made to appear in a more favorable light. The complaint alleges the employment, and is silent as to whether it was with or without the father’s consent. In this absence of averment, a familiar rule of pleading requires us, construing the complaint most strongly against the plaintiff, to hold that the contract of service was entered into by the son with the consent of the father. Moreover, the averment is that the defendant employed the minor. This, without-more,…
2Cases cited4 opinions
- City Council v. HughesSupreme Court of Alabama · 1880
- Pratt Coal & Iron Co. v. BrawleySupreme Court of Alabama · 1887
- Stewart v. Louisville & Nashville RailroadSupreme Court of Alabama · 1887
- Hamilton v. G. H. & S. A. R'y Co.Texas Supreme Court · 1881
3Cited by30 opinions
- Fireman's Fund Am. Ins. Co. v. ColemanSupreme Court of Alabama · 1981
- Tennessee Coal, Iron & Railroad v. HerndonSupreme Court of Alabama · 1893
- Williams v. South & North Ala. RailroadSupreme Court of Alabama · 1890
- Wolfe v. IsbellSupreme Court of Alabama · 1973
- Cofer v. EnsorSupreme Court of Alabama · 1985
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