Sloss-Sheffield Steel & Iron Co. v. Crim

• Decision Date: 28 March 1929
• Docket Number: 6 Div. 236.
• Citation: 219 Ala. 148,121 So. 408
• Parties: SLOSS-SHEFFIELD STEEL & IRON CO. v. CRIM.
• Court: Alabama Supreme Court

121 So. 408

219 Ala. 148

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

6 Div. 236.

Supreme Court of Alabama

March 28, 1929

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

Proceeding under the Workmen's Compensation Act by Zora Crim for compensation on account of the death of John J. Crim, opposed by the Sloss Sheffield Steel & Iron Company, employer. Compensation was awarded, and the employer brings certiorari. Writ denied, and petition dismissed.

Bradley Baldwin, All & White, of Birmingham, for appellant.

Stokely Scrivner, Dominick & Smith, of Birmingham, for appellee.

BROWN J.

The sole question presented on this record is whether there is any evidence to sustain the finding and conclusion of the circuit court that Crim was an employé within the scope and meaning of the Workmen's Compensation Law (Code 1923, § 7534 et seq.).

The evidence is without conflict that Crim was first employed by the defendant in January, 1928, to do various kinds of work for which he was paid a daily wage. This employment continued until about April 15th, when he entered into an agreement with the defendant's superintendent to engage in the work of cleaning up and putting into condition for use one of defendant's mine entries, which had not been used for about two years, and as a result of its nonuse the timbers supporting the roof were in bad condition, and falls had occurred in places covering the tram tracks that had to be cleaned up; the ties in the tramway had rotted, necessitating their removal and replacing new ties and relaying the rails. For doing this work the defendant company furnished the new timbers for propping the roof, and new ties for the tramway on which the old rails were to be replaced. Under this arrangement Crim was paid for this work on a yardage basis for dirt and rock removed, and on a tonnage basis for the coal recovered, and had authority to employ his help and fix the amount of their compensation, with the restriction that he was not to employ any of the defendant's regular employés. The work was to be done so as to put the entry in safe condition for use of defendant's employés after the work was finished. Crim's helpers were paid by the defendant out of the allowance credited to him for the work. This entry, during the progress of the work was regularly inspected by the defendant's employés in respect to its safety to the workmen from gas.

There is evidence tending to show that the help employed by Crim consisting of not more than three at a time, lived on the defendant's premises in its houses, and that defendant furnished Crim board, which was deducted from his earnings. The evidence also tends to show that explosives used in this work were furnished by the defendant and charged to Crim's earnings. As to who furnished the tools used on the work, and the facilities for moving the dirt, rock and coal from this entry, the evidence is silent.

The witness A. W. Evans, defendant's superintendent, testified:

"My mine foreman was Robert Park. His duties were to look after the general condition of the mine. By general condition of the mine, I mean everybody on the inside was under his jurisdiction. That included Mr. Crim *** to see that they done (did) their work right. By doing their work right, I mean workmanship right, that the ties and everything was put in properly. To see that the work was carried on properly. If he came along and saw any place necessary to timber he would tell them to do it. Then it would be the duty of the workmen to get the timber and put it in. He didn't have any regulations about setting timbers so far (apart) but under the conditions that depended on the top. The mine foreman went in there, and if in his judgment the timber ought to be set in certain places, he would direct how they were to be set. *** Suppose the mine foreman comes in there and there is certain rock that the mine foreman thinks ought to come down, then he would, of course, direct Mr. Crim to take it down. The same way about the sides; if he saw rock falling from the sides, he would tell him he would have to put it in there.

"The mine foreman, or one of his assistants, visits the various working places in the mine every day; goes over and looks at the conditions, looks for safety, and points out any changes he desires to make for safety. We had no specifications in our agreement with Mr. Crim for how far timbers would be set apart, for that would be dependent upon the condition of the work. *** What the mine foreman did, he would go in there to see that the work was carried on properly, in order to make it safe, according to the agreement. The mine foreman was to determine if it was safe; if it wasn't he would tell me about it. *** I would go down there and talk to him and get him

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