Tennessee Coal, Iron & R. Co. v. Crotwell

Citation156 Ala. 304,47 So. 64
PartiesTENNESSEE COAL, IRON & R. CO. v. CROTWELL.
Decision Date18 June 1908
CourtSupreme Court of Alabama

Appeal from City Court of Bessemer; William Jackson, Judge.

Action by M. D. Crotwell against the Tennessee Coal, Iron & Railroad Company. Judgment for plaintiff, and defendant appeals. Reversed and remanded.

Percy &amp Benners, for appellant.

Pinkney Scott, for appellee.

TYSON C.J.

This action was brought by a parent to recover damages for injuries suffered by her minor son, who, it is alleged, was employed by defendant, without her consent, to perform work in its mine, which it is alleged was a perilous and dangerous place, and who, while in the performance of his duties, was injured.

The burden of proof was undoubtedly upon the plaintiff to substantiate the material allegations of her complaint. To this end she was under the duty of showing by some degree of proof that her son was a minor, that he was employed by the defendant without her consent, that the mine in which he was put to work by defendant was perilous and dangerous, and that he was injured while in the discharge of his duties under the employment. The testimony did establish that her son was a minor, of the age of 18 years, at the time of his injury, and that he was living with her, and was in a measure providing for her support out of the wages received by him from the defendant under his employment. It also established that he was employed by defendant to work in its mine; but it was not shown that the mine was a perilous and dangerous place. Proof of this fact cannot be inferred from the injury alone. Furthermore, it appears undisputedly that her son had been at work in the mine for more than four months prior to his injury and that she knew it. She not only knew the fact that he was working in the mine during all this period of time but also knew the kind of work he was doing and the wages he was being paid therefor. Indeed, she admits all this in her testimony, and also admits that her son gave to her the greater portion of his wages each month during his term of service. She also admits that she never at any time made any objection to the defendant company of its employment of her son, or to the work he was doing. It is true she did state that she never consented to his employment. By this she evidently meant that she did not in the first instance expressly consent to the employment. But whatever she may have meant by her...

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8 cases
  • Gulf & S. I. R. Co. v. Sullivan
    • United States
    • Mississippi Supreme Court
    • May 28, 1928
    ... ... v. Jones, ... 155 Ala. 379, 46 So. 456; Tennessee Coal Co. v ... Crotwell, 156 Ala. 304, 47 So. 64; Wolf v. East ... Am. St. Rep. 884; 39 C. J., page 298; Queen v. Dayton ... Coal & Iron Co., 30 L.R.A. 82; Francis Wharton on ... Negligence, sec. 443; Bishop on ... ...
  • Allen v. Alger-Sullivan Lumber Co.
    • United States
    • Alabama Supreme Court
    • January 20, 1921
    ... ... this jurisdiction is stated in T.C.I. & R.R. Co. v ... Crotwell, 156 Ala. 304, 306, 47 So. 64, as follows: ... "The burden of proof was ... Woodward Iron Co. v. Curl, 153 Ala. 205, 44 So. 974, ... and in Huntsville Knitting ... ...
  • Sjoberg v. White
    • United States
    • Utah Supreme Court
    • April 20, 1951
    ...even though no consent thereto was originally given. See Warrior Mfg. Co. v. Jones, 155 Ala. 379, 46 So. 456; Tennessee Coal, Iron & R. Co. v. Crotwell, 156 Ala. 304, 47 So. 64; Wolf v. East Tennessee V. & G. R. Co., 88 Ga. 210, 14 S.E. 199; Louisville & N. R. Co. v. Davis, 105 S.W. 455, 32......
  • Allen v. Alger-Sullivan Lumber Co.
    • United States
    • Alabama Supreme Court
    • January 22, 1920
    ... ... amended. Tenn. C.I. & R.R. Co. v. Crotwell, 156 Ala ... 304, 47 So. 64. There is nothing in Jefferson Fert. Co ... Employers' Liability Act (Code 1907, §§ 3910-3913; ... Woodward Iron Co. v. Cook, 124 Ala. 349, 27 So ... 455), but are rested upon said ... ...
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