Legal Opinion

Warrior Mfg. Co. v. Jones

Supreme Court of Alabama

Decided April 16, 1908PublishedCited by 6 opinions

Action by Parent for Injury to Minor Child. Appeal from Birmingham City Court. Heard before Hon. C. C. Nesmith. Action by John B. Jones against the Warrior- Manufacturing Company. Judgment for plaintiff, and defendant appeals. Tbe second, count was without tbe lis pendens. — Mar-bury Lbr. do. v. Westbrook, 121 Ala. 179; 1st Nat.

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Action by Parent for Injury to Minor Child. Appeal from Birmingham City Court. Heard before Hon. C. C. Nesmith. Action by John B. Jones against the Warrior- Manufacturing Company. Judgment for plaintiff, and defendant appeals. Tbe second, count was without tbe lis pendens. — Mar-bury Lbr. do. v. Westbrook, 121 Ala. 179; 1st Nat. BcmiJc v. Nelson, 139 Ala. 578. Tbe charges requested by appellant state correct principles of law and should have been given. — Central Foundry Co-, v. Beimett, 39 South. 574; R. & D. R. R. Co. v. Elliott, 149 U. S. 266. Counsel discuss the assignments of error but…

1Opinion of the CourtDowdell, J.

The complaint as amended contained three counts, but we have only to consider the second count, as the first and third were eliminated from the case on rulings favorable to the appellant. The second count of the complaint charges that the defendant, while running and operating a sash, door and blind factory, “through its agents or foreman in charge thereof, wrongfully, without plaintiff’s consent, caused plaintiff’s minor son, Luke Jones, who was a member of plaintiff’s family, to work in and about the running and operating of said factory, at a place which was highly dangerous to a person of…

2Cases cited1 opinion

  1. Marbury Lumber Co. v. WestbrookSupreme Court of Alabama · 1898

3Cited by6 opinions

  1. Huntsville Knitting Mills v. ButnerSupreme Court of Alabama · 1917
  2. Tennessee C. I. & R. R. v. CrotwellSupreme Court of Alabama · 1908
  3. Seglinski v. Baltimore Copper Smelting & Rolling Co.Court of Appeals of Maryland · 1926
  4. Folds v. PennCourt of Appeals of Georgia · 1935
  5. King v. FlodingCourt of Appeals of Georgia · 1916

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