Huntsville Knitting Mills v. Butner
Supreme Court of Alabama
Appeal from Circuit Court, Madison. County; R. C. Brickell, Judge. Action by Newt Butner aga.tust the Huntsville Knitting Mills for damages for injuries to his minor son. Judgment for plaintiff, and defendant appeals. Most of the facts sufficiently appear.
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Appeal from Circuit Court, Madison. County; R. C. Brickell, Judge. Action by Newt Butner aga.tust the Huntsville Knitting Mills for damages for injuries to his minor son. Judgment for plaintiff, and defendant appeals. Most of the facts sufficiently appear. The following charges were refused to defendant: (1) If the jury believe from the evidence in this case that plaintiff emancipated his son Mason Butner before the injury in this case occurred, he is not entitled to recover. (2) If the jury find from the evidence in this case that the wages due the said Mason Butner, before the injury…
1Opinion of the CourtThomas, J.
This is the second appeal in this cause. See decision, of first appeal reported in 194 Ala. 317, 69 South. 960.
The facts and issues on this appeal are so nearly identical with those passed upon on the former appeal that the summary of the complaint and cause of action notexl in the first opinion is applicable here. The several counts were practically and in effect the same in averment. The suit was to recover damages for personal injuries to plaintiff’s minor son; the gravamen of the action being that defendant employed plaintiff’s son in a dangerous business, without plaintiff’s consent.…
2Cases cited29 opinions
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