Riley v. Perkins, 5 Div. 837

Decision Date22 August 1968
Docket Number5 Div. 837
PartiesEula Mae RILEY v. Richard PERKINS.
CourtAlabama Supreme Court

Goodwyn, Smith & Bowman, Montgomery, for appellant.

Reneau & Reneau, Wetumpka, for appellee.

PER CURIAM.

Appellant, by certiorari, presents for review of this court a proceeding originating in the circuit court of Elmore County, wherein, she, as the surviving widow of Adolphus Riley, sought to collect Workmen's Compensation for the death of her husband. The petition for relief was denied.

It appears from the evidence that Adolphus Riley was employed by appellee at the time of his injury as a common laborer. He was injured on November 24, 1964, and died as a result of said injuries on December 29, 1964.

It also appears that the deceased, while and during the course of his employment, had been to Montgomery, Alabama, with other employees of appellee, to get a truckload of cotton seed meal for transportation to the premises of Elmore County Farmers' Exchange Warehouse in Wetumpka, Alabama. When they reached the premises, the employees, engaged in the delivery, undertook to unload the meal.

The deceased, in such undertaking, was using a two-wheel cart that had to be pushed with the load of meal. While pushing the truck or cart, the deceased employee slipped, fell and broke his ankle.

A physician set the broken bone and put the ankle in a cast to give it strength and a correct position while healing. A blood clot resulted from the encasement, and travelled to the patient's heart. Death resulted.

A pivotal question or contention for decision is, whether or not the employee, at the time of the accident while engaged in the unloading process, was engaged in an activity that arose out of and in the course of his employment. Code of 1940, Title 26, § 253 et seq., as amended; Deaton Truck Line, Inc. v. Acker, 266 Ala. 611, 98 So.2d 429(1).

Appellee contends that it is the custom in this type of business for the purchaser of the products to unload them from the truck, and that it is not the custom of the seller to assume the responsibility for such unloading. Defendant (appellee) testified as to such custom; also, that he did not give instructions to these employees to unload the meal from the truck; and that he had no knowledge that these men were going there. Appellee further contends the employees on the occasion were acting outside of their authority in unloading the truck, and that the accident did not arise out of and in the course of the men's employment in unloading the meal. We quote the following from appellee's brief:

'In the instant case, the deceased and the other men with him voluntarily took it upon themselves to unload the meal from the truck. According to the evidence as found by the trial judge this was done contrary to the business custom of the defendant and without his instructions or knowledge. Therefore, the deceased was not acting in the line and scope of his employment at the time of his injury nor did the accident arise out of and in the course of his employment.'

We also quote the following from the opinion of the trial court:

'Paragraph 4 of the complaint avers that on November 24, 1964, the deceased was engaged in loading a truck at the defendant's gin and warehouse located in Wetumpka, Alabama, and that while engaged in said loading operation his leg and ankle was (sic) broken and fractured The Court specifically finds that this allegation was not proven and that the accident which caused the injury to the deceased occurred on the premises of the Elmore County Farmers Exchange warehouse. The evidence was undisputed in this respect. The Court further specifically finds that at the time of the accident the deceased was not engaged in furthering the business of the defendant and was not acting within the line and scope of his employment. * * *'

We cannot agree with the trial court in its position that the deceased was not engaged, at the time of his injury, in an activity that arose out of and in the course of his employment, if that was the intention of the court, although the phrase, 'was not acting within the line and scope of his employment,' was used.

The Workmen's Compensation Act, being remedial in nature, should be given liberal construction to accomplish the beneficent purposes, and all reasonable doubts must be resolved in favor of the employee. Kroger Co. v. Millsap, 280 Ala. 531, 196 So.2d 380(2).

The Workmen's Compensation statutes create rights and remedies and procedures all their own. Crider v. Zurich Ins. Co., 5 Cir., 348 F.2d 211, cert. den. 382 U.S. 1000, 86 S.Ct. 586, 15 L.Ed.2d 487.

The Workmen's Compensation Act must be liberally construed and all reasonable doubt resolved in favor of the employee. Mobile Liners v. McConnell, 220 Ala. 562, 126 So. 626.

In the instant case, the deceased and the other three employees were engaged in an activity that required a marked degree of muscular strength for performance. Only reasonable judgment, but not a marked degree of mental training or development, was needed. The employees might be classified as manual laborers.

When they drove up to the point of delivery, which was a ramp, not being instructed otherwise, the natural assumption was that they were to complete the delivery by unloading the meal. They probably never heard of any law relating to custom. To charge the deceased with implied knowledge of a custom for the purchaser to do...

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32 cases
  • City of Guntersville v. Bishop
    • United States
    • Alabama Court of Civil Appeals
    • May 2, 1997
    ...to accomplish its beneficent purpose and that all reasonable doubts must be resolved in favor of the employee. Riley v. Perkins, 282 Ala. 629, 213 So.2d 796 (1968); Lankford v. Redwing Carriers, Inc., 344 So.2d 515 (Ala.Civ.App.), cert. denied, 344 So.2d 522 (Ala.1977); American Tennis Cour......
  • Ex Parte Dolgencorp, Inc., 1060428.
    • United States
    • Alabama Supreme Court
    • October 31, 2008
    ...construed in favor of the employee when reasonable doubts exist. See Ex parte Byrom, 895 So.2d 942, 946 (Ala.2004); Riley v. Perkins, 282 Ala. 629, 213 So.2d 796 (1968). Gibson's brief at 13. She has presented no argument or evidence, however, that such reasonable doubts It is true that, "i......
  • Lankford v. Redwing Carriers, Inc.
    • United States
    • Alabama Court of Civil Appeals
    • January 20, 1977
    ...342 So.2d 918 (1976). To this end, all reasonable doubt in the evidence must be resolved in favor of the employee. Riley v. Perkins, 282 Ala. 629, 213 So.2d 796 (1968); Vulcan Materials Co. v. Belcher, 49 Ala.App. 61, 268 So.2d 843, cert. den. 289 Ala. 754, 268 So.2d 848 (1972). And, where ......
  • Ex parte City of Guntersville
    • United States
    • Alabama Supreme Court
    • May 22, 1998
    ...Department of Rehabilitation Medicine. 2. Dr. Huang is a physician in the Department of Rehabilitation Medicine. 3. Riley v. Perkins, 282 Ala. 629, 213 So.2d 796 (1968). ...
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