Jeffrey Mfg. Co. v. Hannah
| Decision Date | 09 October 1958 |
| Docket Number | 6 Div. 220 |
| Parties | The JEFFREY MANUFACTURING COMPANY v. Ed Cleveland HANNAH. |
| Court | Alabama Supreme Court |
Huie, Fernambucq & Stewart, Birmingham, for appellant.
E. D. McDuffie and Norma Holcombe, Tuscaloosa, for appellee.
This is a suit to recover damages for personal injuries brought in the Circuit Court of Tuscaloosa County by Ed Cleveland Hannah against The Jeffrey Manufacturing Company, a corporation, T. J. Hill, John Doe and Richard Roe. The plaintiff, in open court, struck John Doe and Richard Roe as parties defendant. There was a jury verdict in favor of the plaintiff and against The Jeffrey Manufacturing Company. Judgment was in accord with the verdict. The defendant T. J. Hill, who was exonerated by the jury's verdict, was not an agent, servant or employee of The Jeffrey Manufacturing Company, which will be referred to hereafter as Jeffrey. Its motion for new trial having been overruled, Jeffrey has appealed to this court.
The case was tried on Count 2 of the amended complaint, which was challenged by demurrer taking the point that it failed to show any duty owed the plaintiff by the defendant. Count 2 alleges that the plaintiff at the time he was injured was at a place where he had a right to be on the premises of his employer, The Central Foundry Company, a corporation, hereafter referred to as Central, where the agents, servants or employees of Jeffrey were engaged in carrying out Jeffrey's contract with Central to install certain heavy machinery; and that plaintiff sustained his injury while he was rightfully at work in assisting the agents, servants or employees of Jeffrey in the operation and installation of the heavy machinery. Such averments, in our opinion, sufficiently show a duty on the part of Jeffrey to exercise due care not to injure the plaintiff. See Tennessee Coal, Iron and R. Co. v. Davis, 194 Ala. 149, 69 So. 544; Alabama Utilities Co. v. Champion, 230 Ala. 263, 160 So. 346.
The main insistence of Jeffrey is that it was entitled to the general affirmative charge with hypothesis. This is principally based upon the claim that at the time Hannah was injured he was an employee of Jeffrey and because of such employment the injury comes within the purview of the workmen's compensation law, Code 1940, Tit. 26, § 253 et seq. In considering this contention, we must review the tendencies of the evidence most favorable to the plaintiff, allowing such reasonable inferences as the jury was free to draw. United States Steel Corp. v. Mathews, 261 Ala. 120, 73 So.2d 239; Atlantic Coast Line R. Co. v. Dunivant, 265 Ala. 420, 91 So.2d 670; Vulcan Life & Accident Ins. Co. v. Standifer, 266 Ala. 246, 97 So.2d 568.
In the summer of 1955 when Jeffrey contracted with Central to install machinery in the latter's plant at Holt, Alabama, the plaintiff, Hannah, had been in the employ of Central for more than ten years. He was rated or classified as a foundry mechanic and worked in the department charged with the responsibility of maintaining and operating machinery. Certain features or parts of the machinery to be installed were different from anything in Central's plant, so prior to the beginning of the installation or shortly thereafter it was agreed between the management of Central and Jeffrey's superintendent that Hannah would be assigned to assist Jeffrey in the installation of the machinery so that he would become familiar with it and would thereby be better qualified to keep it in operation after it was turned over to Central.
In the early part of December, 1955, departmental orders were executed to the end that on or about December 13, 1955, Hannah was transferred from Central's Foundry No. 3 to its Foundry No. 4 wherein the machinery was being installed by Jeffrey. From that date until March 23, 1956, when Hannah was injured, the greater part of the labor performed by Hannah was in connection with the installation of the machinery and was done under the direction of Jeffrey's superintendent, Atkins. However, on several occasions during that period Hannah performed services on other machinery in accordance with instructions given him by some of Central's supervisory personnel.
The installation of the machinery was completed a few days prior to the day on which Hannah was injured. The first time an attempt was made to use the machinery in the making of pipe a breakdown occurred. The machinery had not been turned over to Central and was still under the control of Jeffrey and was being tested. When the breakdown occurred Hannah, under instructions from Jeffrey's superintendent, Atkins, made an attempt to determine the cause of the breakdown and to make repairs. It was while he was so engaged that he suffered a serious injury.
During all of the time that Hannah was assisting in the installation of the machinery he remained on Central's payroll and was paid by Central's checks. However, a chargeback was effectuated whereby Jeffrey was charged with the costs of Hannah's labor. Hannah received the same rate of pay as he had received while in Foundry No. 3 and continued to be referred to as the holder of Central's Badge No. 251. Hannah punched Central's time clock each day and Central deducted social security payments from his wages and continued to carry insurance on him. When the accident occurred Hannah was sent to the hospital by Central's safety director and Central paid his hospital expenses, including cost of nurses, and he received medical attention from a group of doctors who were in the employ of Central. During the time that he was unable to work he received workmen's compensation payments from Central or its carrier. Jeffrey paid no part of the expense resulting from the accident nor did it pay any compensation benefits.
Hannah was looked upon by Central's management as continuing to be its employee and when directed to assist Jeffrey in the installation of the machinery, Hannah was assured that upon the completion of that...
To continue reading
Request your trial
-
Marquez v. Rapid Harvest Co.
...McNaughton v. New York Central Railroad Company, 220, F.2d 835 (7th Cir. 1955) (interpreting Indiana Act); Jeffrey Manufacturing Company v. Hannah, 268 Ala. 262, 105 So.2d 672 (1958); Gigliotti v. United Illuminating Company, 151 Conn. 114, 193 A.2d 718 (1963); De Martin v. New York, New Ha......
-
Ware v. Timmons
...of the master, no new relationship is necessarily created.'" 278 Ala. at 270, 177 So.2d at 824-25 (quoting Jeffrey Mfg. Co. v. Hannah, 268 Ala. 262, 265-66, 105 So.2d 672, 674 (1958)). Whatever directions the corporation's employee might have given the domestic employee during the course of......
-
Ware v. Timmons, No. 1030488 (Ala. 9/22/2006)
...the master, no new relationship is necessarily created.'" 278 Ala. at 270, 177 So. 2d at 824-25 (quoting Jeffrey Mfg. Co. v. Hannah, 268 Ala. 262, 265-66, 105 So. 2d 672, 674 (1958)). Whatever directions the corporation's employee might have given the domestic employee during the course of ......
-
Perry v. US
...In support of this contention, Defendant relies primarily on Doe v. Swift, 570 So.2d 1209 (Ala.1990), and Jeffrey Manufacturing Company v. Hannah, 268 Ala. 262, 105 So.2d 672 (1958). Finally, Defendant argues that Plaintiff's authority in support of her motion is inapposite or has been supe......