Bedgood v. T. R. Miller Mill Co.
Supreme Court of Alabama
Appeal from Circuit Court, Escambia County ; A. E. Gamble, Judge. Action by Sidney Bedgood, by his next friend, R. L. Bedgood, against the T. R. Miller Mill Company, for damages for personal injury while in the service of the defendant.
Read the full summary
Appeal from Circuit Court, Escambia County ; A. E. Gamble, Judge. Action by Sidney Bedgood, by his next friend, R. L. Bedgood, against the T. R. Miller Mill Company, for damages for personal injury while in the service of the defendant. Judgment for the defendant, and plaintiff appealed. ■The plaintiff, while in the service of the defendant as off-bearer for a ripper saw, was injured in attempting to replace a belt on a pulley from which it had slipped while the driVing shaft was revolving. Count 1 was framed under subdivision 1 of the Employers’ Liability Act (Code 1907, § 3910), and charges…
1Opinion of the CourtSomerville, J.
[1] Pleas 3 and (a), to which demurrers were overruled, charge both contributory negligence and assumption of risk. Whether they be treated as the one or the other, we think the statement of facts in the pleas, in connection with the full statement in the complaint, is. sufficient to support the conclusion charged, in so far as the pleas answer the first count. Ritch v. Kilby F. & S. Co., 164 Ala. 131; 51 South. 377.
[2] There is no presumption of law that a minor 17 years of age, engaged in this work, lacked either the experience or the intelligence which would warn him of the danger involved…
2Cases cited17 opinions
- Choctaw, Oklahoma & Gulf R. R. v. McDadeSupreme Court of the United States · 1903
- Burnwell Coal Co. v. SetzerSupreme Court of Alabama · 1914
- Mobile, Jackson & Kansas City R. R. v. BrombergSupreme Court of Alabama · 1904
- Louisville & Nashville Railroad v. MaloneSupreme Court of Alabama · 1895
- Going v. Alabama Steel & Wire Co.Supreme Court of Alabama · 1904
12 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Norwood Clinic, Inc. v. SpannSupreme Court of Alabama · 1941
- Stauffer Chemical Co. v. BuckalewSupreme Court of Alabama · 1984
- Gulf, M. N. R. Co. v. HavardSupreme Court of Alabama · 1928
- Burbic Contracting Co., Inc. v. Cement Asbestos Prod. Co.Supreme Court of Alabama · 1982
- Blythe v. Sears, Roebuck & Co.Supreme Court of Alabama · 1991
3 more not listed; retrieve them via the Exa API.