Sloss-Sheffield Steel & Iron Co. v. Webster

• Decision Date: 15 May 1913
• Citation: 183 Ala. 322,62 So. 764
• Court: Alabama Supreme Court
• Parties: SLOSS-SHEFFIELD STEEL & IRON CO. v. WEBSTER.

62 So. 764

183 Ala. 322

SLOSS-SHEFFIELD STEEL & IRON CO. v. WEBSTER.

Supreme Court of Alabama

May 15, 1913

Appeal from Circuit Court, Walker County; J.J. Curtis, Judge.

Action by W.P. Webster against the Sloss-Sheffield Steel & Iron Company for damages for injuries received while in its employment. Judgment for plaintiff, and defendant appeals. Reversed and remanded.

The judgment was rendered December 11, 1912. The appeal bond was filed January 30, 1913. The bill of exceptions was presented on March 10, 1913, and filed with the clerk March 11, 1913 and the cause was filed in this court April 21, 1913. Counsel for appellee moved to dismiss on the ground: First, that the appeal was discontinued; second, appellant failed to file the transcript within the time allowed by law for filing same and because it was not filed within 20 days after February 5 1913. The plaintiff sued for injuries caused by the fall of a rock, alleged to have been knocked down by a tram car striking a prop or post, and in two counts the defect was alleged to be in the car, and in the other two the defect was alleged to be a defect in the track; both being alleged to be a part of the ways, works, etc., of the defendant. The tenth plea, referred to in the opinion, is as follows "Defendant says that plaintiff was guilty of negligence which proximately caused his injury in this: That he knew of the defect or negligence causing the injury, and failed in a reasonable time to give information thereof to the master or employer, or to some person superior to himself engaged in the service or employment of the master, and further alleges that it was the duty of the plaintiff to remedy the defect complained of, and that defendant did not know of the defect or negligence complained of."

Bankhead & Bankhead, of Jasper, for appellant.

Acuff & Finch, of Jasper, for appellee.

ANDERSON J.

While the record in this case was not filed in this court until the spring call of the sixth division, and after the first Monday after the expiration of 20 days from the date of taking the appeal, yet it was filed at the first call of the division to which it belongs (the sixth division) after the appeal was taken, and the motion to dismiss the appeal is overruled. National Union v. Sherry, 61 So. 944.

Section 3910, among other things, says: "The master or employer is not liable under this section, if the servant or employé knew of the defect or negligence causing the injury, and failed in a reasonable time to give information thereof to the master or employer, or to some person superior to himself engaged in the service or employment of the master or employer, unless the master or employer, or such superior already knew...