Garrison v. Woodward Iron Co.

Decision Date21 June 1923
Docket Number6 Div. 826.
Citation210 Ala. 45,97 So. 64
CourtAlabama Supreme Court

Certiorari to Circuit Court, Jefferson County; Dan A. Greene, Judge.

Proceeding under the Workmen's Compensation Act by Rosa Garrison against the Woodward Iron Company. Both plaintiff and defendant petition for certiorari to review and revise the judgment and finding of the circuit court. Writs denied.

William Vaughan and David S. Anderson, both of Birmingham, for appellant.

B. J Dryer, of Birmingham, and Huey & Welch, of Bessemer, for appellee.


Mrs Rosa Garrison sued under the Workmen's Compensation Act for herself and children as dependents, for the death of her husband, who was killed while in the employment of the Woodward Company. The trial court found for the plaintiffs and as to this there is no controversy, but both sides are dissatisfied as to the amount awarded and the method pursued by the trial court in arriving at same, and each seeks a correction of the judgment in this respect. It therefore becomes necessary for us to construe or interpret subdivision (g) of section 13 of the Workman's Compensation Act of 1919, p. 216, which said subdivision reads as follows (the numbers being supplied by us):

"[1] Compensation hereunder shall be computed on the basis of the average weekly earnings. 'Average weekly earnings' shall mean the earnings of the injured employee in the employment in which he was working at the time of the injury during the period of fifty-two weeks immediately preceding the date of the injury divided by fifty-two; [2] but if the injured employee lost more than seven consecutive calendar days during such period although not in the same week, then the earnings for the remainder of such fifty-two weeks shall be divided by the number of weeks remaining after the time so lost has been deducted. [3] Where the employment prior to the injury extended over a period of less than fifty-two weeks, the method of dividing the earnings during that period by the number of weeks and parts thereof which the employee earned wages shall be followed, provided results just and fair to both parties will thereby be obtained. [4] Where by reason of the shortness of the time during which the employee has been in the employment of his employer, or the casual nature or terms of the employment, it is impracticable to compute the average weekly earnings as above defined, regard shall be had to the average weekly amount which during the fifty-two weeks prior to the injury was being earned by a person in the same grade, employed in the same work by the same employer; [5] and if there is no such person so employed, by a person in the same grade employed in the same class of employment in the same district.

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15 cases
  • Deaton Truck Line v. Acker
    • United States
    • Alabama Supreme Court
    • June 30, 1954
    ...provided results just and fair to both parties will thereby be obtained.' As to such cases, this Court in Garrison v. Woodward Iron Co., supra (210 Ala. 45, 97 So. 65), "It must be observed that the method provided in this subdivision is not mandatory, as it contains a proviso giving the tr......
  • Ex Parte Dolgencorp, Inc., 1060428.
    • United States
    • Alabama Supreme Court
    • October 31, 2008 the trial court the right to determine if said method will produce just and fair results to both parties. Garrison v. Woodward Iron Co., 210 Ala. 45, 97 So. 64, 65 [(1923)]; H.C. Price Co. v. Lee, [249 Ala. 230, 30 So.2d 579 (1947)]; Deaton Truck Line v. Acker, 261 Ala. 468, 476, 74 S......
  • H.C. Price Co. v. Lee
    • United States
    • Alabama Supreme Court
    • May 22, 1947
    ... ... trial court, the finding and judgment will not be disturbed ... Sloss-Sheffield Steel & Iron Co. v. Alexander, et al., ... 241 Ala. 476 (478), 3 So.2d 46; Ex parte Coleman, 211 Ala ... 248, ... cases the method of computation therein stipulated is held to ... be exclusive. Garrison v. Woodward Iron Co., 210 ... Ala. 45, 97 So. 64; County Coal Co. v. Bush, 215 ... Ala. 25, 109 ... ...
  • Aluminum Workers Intern. v. Champion
    • United States
    • Alabama Court of Civil Appeals
    • April 1, 1970
    ...including County Coal Co. of Ala. v. Bush, 215 Ala. 25, 109 So. 151; Willis v. Storey, 268 Ala. 205, 105 So.2d 128; Garrison v. Woodward Iron Co., 210 Ala. 45, 97 So. 64. It is noted that the tenor of the decisions in these cited cases is that if the formulas for determining average weekly ......
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