Garrett v. Gadsden Cooperage Co.
Supreme Court of Alabama
Appeal from Circuit Court, Etowah County ; O. A. Steele, Judge. Action for damages by Cliff Garrett against the Gadsden Cooperage Company. Judgment for defendant, and plaintiff appeals. Whatever a corporation does by an agent, it does by itself. Hart v. Jones, 14 Ala. App. 327, 70 South. 206; Bessemer, etc., Co. v. Doak, 152 Ala. 174, 44 South. 627, 12 L. R. A. If appellant was entitled to recover at all it was under the Workmen’s Compensation Act.
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Appeal from Circuit Court, Etowah County ; O. A. Steele, Judge. Action for damages by Cliff Garrett against the Gadsden Cooperage Company. Judgment for defendant, and plaintiff appeals. Whatever a corporation does by an agent, it does by itself. Hart v. Jones, 14 Ala. App. 327, 70 South. 206; Bessemer, etc., Co. v. Doak, 152 Ala. 174, 44 South. 627, 12 L. R. A. If appellant was entitled to recover at all it was under the Workmen’s Compensation Act. Stegall v. S. S. S. I. & Co., 205 Ala. 100, 87 South. 787; In re McNicol, 215 Mass. 497, 102 JST. E. 697, L. R. A. 1916A, 306; Stasmas v. R. I. O.…
1Opinion of the CourtSayre, J.
[1] Appellant suffered injuries at the hands of one LeFergie, a foreman or superintendent, both employed by appellee in its cooperage plant at Gadsden. Appellant originally brought his action for damages against LeFergie and the Cooperage Company jointly under the superintendence subsection of the Employers’ Liability Act (section 3910 of the Code), alleging facts appropriate to a complaint under that subsection. ‘ Defendants demurred for misjoinder. The demurrer, was properly sustained. Southern Railway v. Hanby, 166 Ala. 641, 52 South. 334; Gulf States Steel v. Fail, 201 Ala. 524, 78 South.…
2Cases cited10 opinions
- Madden's CaseMassachusetts Supreme Judicial Court · 1916
- Stasmos v. State Industrial CommissionSupreme Court of Oklahoma · 1921
- Petty v. DillSupreme Court of Alabama · 1875
- Steagall v. Sloss-Sheffield Steel & Iron Co.Supreme Court of Alabama · 1920
- State ex rel. Common School District No. 1 v. District Court of Itasca CountySupreme Court of Minnesota · 1918
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3Cited by33 opinions
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- Ex Parte ColemanSupreme Court of Alabama · 1924
- Wooten v. RodenSupreme Court of Alabama · 1954
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- Southern Cotton Oil Co. v. BruceSupreme Court of Alabama · 1947
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