Boris Const. Co. v. Haywood

• Court: Alabama Supreme Court
• Writing for the Court: ANDERSON, C.J.
• Citation: Boris Const. Co. v. Haywood, 214 Ala. 162, 106 So. 799 (Ala. 1925)
• Decision Date: 17 December 1925
• Docket Number: 6 Div. 524
• Parties: BORIS CONST. CO. v. HAYWOOD.

106 So. 799

214 Ala. 162

BORIS CONST. CO. v. HAYWOOD.

6 Div. 524

Supreme Court of Alabama

December 17, 1925

Rehearing Denied Jan. 21, 1926

Certiorari to Circuit Court, Jefferson County; C.B. Smith, Judge.

Petition of the Boris Construction Company, doing business as the Builders' Transfer Company, for certiorari to the circuit court, Jefferson county, to review the finding and judgment of that court in a proceeding, under the Workmen's Compensation Act, by Lucille Haywood, against the petitioner. Writ denied.

B.F Smith, of Birmingham, for petitioner.

H.C Wilkinson and C.W. Greer, both of Birmingham, opposed.

ANDERSON C.J.

This action was under the Workmen's Compensation Act (Laws 1919, p. 206), and was tried upon an agreed statement of facts, in substance, as follows: The plaintiff's husband was an employé of the defendant, and was killed while acting in the line and scope of his employment as a truck driver and while standing near a truck he was employed to drive, and while the truck was standing in front of the defendant's place of business within the city limits of Birmingham. The deceased was in the act of stepping up into the truck for the purpose of driving it to deliver certain goods or articles for the defendant, when a small boy, something like a block away, and off the premises of the defendant, fired a 22 rifle at a sparrow, and the bullet struck said employé in the back of the head and killed him instantly.

The only question argued by the defendant, against whom a judgment was rendered by the circuit court, is whether or not the undisputed facts authorized said judgment under the Workmen's Compensation Act. The deceased was unquestionably acting in the course of his employment, and while in the act of discharging his duty thereunder, and came to his death by virtue of an accident as the boy was shooting at a sparrow and did not intend...