80 So. 354 | Ala. | 1918
The decision in Sloss-Sheffield Co. v. Weir,
The ruling against original plea 7 is to be justified on the ground that defendant's rule therein alleged applied to employés, whereas, according to the complaint, plaintiff's intestate was not an employé, nor did the plea take issue upon this averment of the complaint. In King v. Woodward Iron Co.,
Judge Thompson (5 Thomp. Neg. § 5395) states a manifestly reasonable rule of law as follows:
"If a servant violates known rules devised and promulgated by the master to promote his safety, and is injured in consequence of such violation, he cannot make his own fault the ground of recovering damages from his master, but must take the consequences of his disobedience, his folly, or his recklessness."
This rule is maintained by the authorities generally (note ubi supra) and is the well-settled law of this state. Georgia Pacific v. Propst,
Other assignments of error require no special notice. The rulings there indicated will hardly recur in their present shape.
Reversed and remanded.
ANDERSON, C. J., and McCLELLAN and GARDNER, JJ., concur.