Patterson v. Neal
Supreme Court of Alabama
Appeal from the City Court of Birmingham. Tried before the Hon. Chas. A. Benn. This was an action brought by the appellee, Joe Neal, against, the appellant, James C. Patterson, to recover damages for the death of his minor son, who was alleged to have been wrongfully employed by the defendant in his coal mine. The plaintiff claimed fl5,000 damages.
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Appeal from the City Court of Birmingham. Tried before the Hon. Chas. A. Benn. This was an action brought by the appellee, Joe Neal, against, the appellant, James C. Patterson, to recover damages for the death of his minor son, who was alleged to have been wrongfully employed by the defendant in his coal mine. The plaintiff claimed fl5,000 damages. The facts of the case necessary to an understanding of ¡he decision on the present appeal, are sufficiently stated in the opinion. Upon the introduction of all the evidence, the defend-atn requested the court to give to the jury, among others, the…
1Opinion of the Court
DOWDELL, T.
While the complaint in this case as originally filed and afterwards amended contained a number of counts, the cause was tried alone on the 7th count. No questions are raised on the pleadings. By the 7th count, the plaintiff claims for the death of his minor son, a boy sixteen years of age, who was killed by falling rock while he was digging coal in the defendant’s mine. The complaint avers a wrongful employment of. plaintiff's minor son by the defendant, in that he was so employed to dig coal without the knowledge and consent of the plaintiff, his father. It is not charged that the…
2Cases cited1 opinion
- Develin v. . ColemanNew York Court of Appeals · 1872
3Cited by18 opinions
- Roberts v. WilliamsSupreme Court of Alabama · 1916
- Standard Oil Co. v. GentrySupreme Court of Alabama · 1941
- J. C. Lysle Milling Co. v. North Alabama Grocery Co.Supreme Court of Alabama · 1917
- Capital Security Co. v. OwenSupreme Court of Alabama · 1916
- Union Oil Company of California v. CraneSupreme Court of Alabama · 1972
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