Sloss-Sheffield Steel & Iron Co. v. Keefe

Knowledge brought home to the employer within 90 days of the injury to the employee caused by accident arising out of and in the course of the employment, or notice as prescribed by the statute, is an essential element of the employee’s cause of action under the Workmen’s Compensation Law. Code of 1923, §§ 7568, 7569; Ex parte Stith Coal Co., 213 Ala. 399, 104 So. 756; Ex parte Harper, 210 Ala. 134, 97 So. 140; Ex parte Big Four Coal Mining Co., 213 Ala. 305, 104 So. 764.

It is conceded that the notice prescribed by the statute was not given. The judgment in favor of the plaintiff is based on…