Alabama Chemical Co. v. Niles

• Court: Alabama Supreme Court
• Writing for the Court: ANDERSON, J.
• Citation: 47 So. 239,156 Ala. 298
• Parties: ALABAMA CHEMICAL CO. v. NILES.
• Decision Date: 30 June 1908

47 So. 239

156 Ala. 298

ALABAMA CHEMICAL CO.
v.
NILES.

Supreme Court of Alabama

June 30, 1908

Appeal from City Court of Montgomery; A. D. Sayre, Judge.

Action by Joe Niles against the Alabama Chemical Company. From a judgment for plaintiff, defendant appeals. Affirmed.

From what is said in the opinion concerning the complaint and demurrers thereto, it is deemed unnecessary to set them out. The special pleas were as follows:

"(2) And for further answer to each of said counts of the complaint the defendant says that plaintiff could not recover in said suit, for that the plaintiff himself is guilty of negligence which proximately contributed to the injuries complained of, in that at the time he sustained said injuries the plaintiff, of his own accord and without direction from any one whose orders he was required to obey, negligently left the place of safety at which he was standing, and went up to a platform near a pulley upon one of defendant's machines, at which the injury occurred and there negligently came in contact with said pulley, or the belt that had been upon said pulley, and that said negligence on plaintiff's part proximately contributed to the injuries complained of

"(3) Defendant says that plaintiff was guilty of negligence which proximately contributed to the injuries complained of, in that plaintiff negligently and voluntarily left the place he was standing upon the floor of defendant's factory in front of one of defendant's bagging machines, and negligently proceeded to get upon a platform which was in close proximity to the pulley which was used in operating the said bagging machine of defendant, and the belt which was or had been upon said pulley, and that said platform was several feet, to wit, five or seven feet, above the floor on which plaintiff had been standing, and that after plaintiff had so negligently gotten upon said platform he negligently and without reasonable care allowed or permitted his body or his clothing to come into contact with said pulley, or the belt which had been operating said pulley, or the shaft on which said pulley was working, and at said time said pulley and shaft were revolving, and by reason of said negligence in so permitting or allowing his body or his clothing to come in contact with said pulley, belt, or shaft the plaintiff sustained the injuries complained of.

"(4) Defendant says that at the time plaintiff sustained the injuries complained of he was not engaged in the performance of any duty for which he was employed by defendant, or to which he had been...