Sloss-Sheffield S. & I. Co. v. Bearden
Supreme Court of Alabama
Appeal from Franklin Circuit Court. Heard before Hon. C. P. Almon. • Action by Willie Bearden, pro ami, against the Sloss-Sheffield Steel & Iron Company. Judgment for plaintiff, and defendant appeals. Suit by appellee against appellant for recovery of damages sustained while in the employ of appellant at its iron ore mine in Franklin county.
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Appeal from Franklin Circuit Court. Heard before Hon. C. P. Almon. • Action by Willie Bearden, pro ami, against the Sloss-Sheffield Steel & Iron Company. Judgment for plaintiff, and defendant appeals. Suit by appellee against appellant for recovery of damages sustained while in the employ of appellant at its iron ore mine in Franklin county. The counts upon which the trial was had, numbered 2, 3, and 4, rest for recovery upon the wrongful employment of the plaintiff by the defendant as in violation of section 1085 of the Code, the plaintiff being under the age of 14. The trial resulted in a…
1DissentGardner, J.
— (dissenting) — In construing section 1035 the court held in the Cole Case, supra, that the expression ‘any mine” meant all mines. The rule was there reiterated that statutes of this character should be liberally construed, so as to effectuate the humane intent of the Legislature.
The defendant was engaged in operating an iron ore mine. The evidence discloses that in this work “a dinky, steam shovel and railroad track,” etc., were used. The superintendent testified in part as follows: “The defendant company is engaged in digging the earth and mineral with the shovel and washing it for use at…
2Cases cited4 opinions
- Dunham & Shortt v. KirkpatrickSupreme Court of Pennsylvania · 1882
- Marvel v. MerrittSupreme Court of the United States · 1885
- Murray v. AllredTennessee Supreme Court · 1897
- Callahan v. JamesCalifornia Supreme Court · 1902