Lowe Manufacturing Co. v. Payne
Supreme Court of Alabama
Appeal from Madison Law and Equity Court. Heard before Hon. Tancred Betts. Action by Clara Payne, an employe, against the Lowe Manufacturing Company 'for damages for injury to her hand while cleaning a spinning frame in obedience to orders from her employer. Judgment for plaintiff and defendant appeals.
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Appeal from Madison Law and Equity Court. Heard before Hon. Tancred Betts. Action by Clara Payne, an employe, against the Lowe Manufacturing Company 'for damages for injury to her hand while cleaning a spinning frame in obedience to orders from her employer. Judgment for plaintiff and defendant appeals. The plaintiff had knowledge of the danger incident to the undertaking and was guilty of negligence precluding her recovery, although under the orders of her superior.— 1 L. R. A. (N. S.) 278; 41 Fed. 919; 126 Fed. 495; 49 Fed. Ill; 86 N. W. 157; 149 Mass. 294; 169 Mass. 67; 160 Mass. 234; 140…
1Opinion of the CourtSimpson, J.
This is an action, by the appellee against the appellant, for damages on account of an injury to the hand received by the plaintiff as an employe *246of the defendant. The injury complained of is the loss of a portion of one of the fingers of plaintiff, and the first count alleges' defects in the ways, works, etc., in that the cogs were not sufficiently covered to prevent injuries, and that said defects had not been remedied, etc. (in the language of subdivision 1 of section 8910, Code of 1907). The second count alleges that plaintiff was a minor, 12 years old, working at a spinning frame, .under…
2Cases cited7 opinions
- St. Louis Cordage Co. v. MillerCourt of Appeals for the Eighth Circuit · 1903
- Fones v. PhillipsSupreme Court of Arkansas · 1882
- Moss v. MoselySupreme Court of Alabama · 1906
- E. S. Higgins Carpet Co. v. O'KeefeCourt of Appeals for the Second Circuit · 1897
- Mundhenke v. Oregon City Mfg. Co.Oregon Supreme Court · 1905
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3Cited by2 opinions
- American Steel Foundries Co. v. CarboneIndiana Court of Appeals · 1915
- Riddle v. Bessemer Soil Pipe Co.Supreme Court of Alabama · 1911