Southern Sewer Pipe Co. v. Hawkins

Decision Date22 April 1915
Docket Number38
Citation68 So. 271,192 Ala. 380
PartiesSOUTHERN SEWER PIPE CO. v. HAWKINS.
CourtAlabama Supreme Court

Appeal from Circuit Court, Jefferson County; E.C. Crowe, Judge.

Action by Harrison Hawkins against the Southern Sewer Pipe Company. There was a judgment for plaintiff, and defendant appealed to the Court of Appeals, and it transferred the cause, under Acts 1911, p. 450, § 6, to the Supreme Court. Reversed and remanded.

Percy Benners & Burr, of Birmingham, for appellant.

Frank S. Andress, of Birmingham, for appellee.

ANDERSON C.J.

The complaint contains but one count, which is brought under the common law against the master for a negligent failure to furnish the plaintiff, its servant, a safe place in which to do his work. Under the common law there is a duty upon the master to exercise reasonable care to furnish a servant with a reasonably safe place to work. This duty cannot be delegated, but the master may delegate the duty of exercising reasonable care to maintain such place of work in a reasonably safe condition. If the place of work becomes unsafe by reason of the negligence of the servant to whom this duty was delegated, the master is not liable. Of course the statute enlarged the master's liability for the negligence of his servants as covered by the Employers' Act, but this complaint is not under the statute. Whitmore v. Ala. Cons. Co., 164 Ala. 125, 51 So 397, 137 Am.St.Rep. 31; Tutwiler Co. v. Farrington, 144 Ala. 157, 39 So. 898; Woodward Co. v. Cook, 124 Ala. 349, 27 So. 455.

The only thing from which it could be inferred that the injury of the plaintiff resulted from the unsafety of the place at which plaintiff was put to work and was hurt was a failure to have a plank or some other object so placed above the plaintiff's place of work as to prevent the falling of rock. Plaintiff testified that a plank was so kept previous to his injury, but no plank was there when he was hurt, the reasonable inference being that the rock fell on plaintiff because the plank was not then there; non constat, had the plank been where it was originally placed, the rock would not have fallen. Therefore the place was reasonably safe when the plaintiff went to work, but became unsafe after the plank was moved, and which was presumptively after he started to work for the defendant at the place in question. It is true the plaintiff testified he had only been working for the defendant a short time, but ...

To continue reading

Request your trial
4 cases
  • Foreman v. Dorsey Trailers
    • United States
    • Alabama Supreme Court
    • October 11, 1951
    ...But if the negligence or wantonness is not that of a fellow servant, a common law duty of defendant is involved. Southern Sewer Pipe Co. v. Hawkins, 192 Ala. 380, 68 So. 271; Southern Iron & Steel Co. v. Boston, 190 Ala. 30, 66 So. 684. As to a safe place in which to work, this duty is also......
  • Jefferson v. Republic Iron & Steel Co.
    • United States
    • Alabama Supreme Court
    • May 11, 1922
    ... ... Brown v. Johnston Bros., 135 ... Ala. 608, 613, 33 So. 683; Southern Cotton Oil Co. v ... Harris, 175 Ala. 323, 57 So. 854; Birmingham ... 125, 130, 51 So. 397, 137 Am. St ... Rep. 31; Southern Sewer Pipe Co. v. Hawkins, 192 ... Ala. 380, 68 So. 271; Wadsworth Red Ash Coal ... ...
  • South Brilliant Coal Co. v. McCollum
    • United States
    • Alabama Supreme Court
    • November 15, 1917
    ... ... v ... Andrews, 150 Ala. 368, 43 So. 348; Southern Railway ... Co. v. Howell, 135 Ala. 639, 34 So. 6; Southern Car ... & ... liable. Southern Sewer Pipe Co. v. Hawkins, 192 Ala ... 380, 68 So. 271; Langhorne v ... ...
  • Woodward Iron Co. v. Boswell
    • United States
    • Alabama Supreme Court
    • April 5, 1917
    ...reasonably safe place to the servant, but when this is done the duty of keeping the place safe and in repair is delegable. Southern Sewer Co. v. Hawkins, 192 Ala. 380, Central Foundry v. Bailey, 162 Ala. 627, 50 So. 346. From aught that appears from the proof, the furnace was safe when the ......

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT