41 So. 288 | Ala. | 1906
This was an action by the appellant for damages on account of injuries received by complainant while in the employ of defendant. According to the plaintiff’s testimony he was 19 years of age at the time of the accident, had been in the employment of defendant near the place of the accident for 30 days, but had been
The first, fifth, and sixth counts are under subdivision 1 of section 1749 of the code of 1898, alleging that the defendant had failed to remedy, etc.; the first.specifying the car was defective, the fifth the tram track, and the sixth the mule. There is not a, particle of testimony
The other counts are under subdivision 2 of said section, naming Holbrook as the party who was negligent in putting the defendant, young and inexperienced as he was, to work in a dangerous business without instructing him in regard to the dangers. The mere fact of minority of a young man 39 years of age does “not impose upon the master any other or greater degree of care in respect to the minor than would be upon him had the servant attained full age.” — Ala. Min. R. R. Co. v. Marcus, 115 Ala. 389, 395, 22 South. 135, 337. The general doctrine is that, when a person of apparently sufficient age, ability, etc., seeks employment, the presumption is that he is competent to perform the duties, “to apprehend and avoid all dangers that may bo discovered by the exercise of ordinary care and prudence, and there is no reason or rule “that will compel the master to pass him through a critical examination to discover his competency.” — 2 Bailey on Personal Injuries Relating to Master and Servant, p. 955, §§ 28-30 et seq.; Id., p. 958, § 2838 et seq. If there are dangers which are not obvious, or if the servant is put to work upon a machine with which he is not
This court has held that the general charge was authorized in a case wherein the plaintiff swore that he did look and listen, but the facts were clear that he must have been mistaken. — Peters c. Son. Ry. Co., 135 Ala. 533, 537, 541, 33 South. 332. Also in a case where plaintiff -was held to have assumed the risks “notwithstanding the plaintiff’s statement of his ignorance of the danger.” — Sloss Iron & Steel Co. v. Knowles, 129 Ala. 410, 416, 30 South. 584, 585.
It is unnecessary to discuss the points raised on pleading. The general charge was properly given in favor of the defendant.
The judgment of the court is affiimied.