67 So. 697 | Ala. | 1914
Appellant, suing as administratrix for damages on account of the alleged wrongful death of her intestate while in the employment of defendants, stated her cause of action in several counts under the Employers’ Liability Act, adding a count under the common law for the employers’ failure to use due care in furnishing her intestate with a safe place in which to do the work for which he was employed. To recover, it was necessary, of course, that plaintiff should shoAv that her intestate was at the time of his injury, •resulting in death, a servant or employee in the service of defendants. The general issue pleaded contained a denial of this essential fact.
Having reached the conclusion that there was no error in the rulings on evidence and that defendants were entitled to the general affirmative charge for .the reason that plaintiff failed to make out the case alleged in her complaint, we need not consider those assignments of error which go to the rulings on the sufficiency of some of the special pleas interposed. Let the judgment be affirmed.
Affirmed.