62 So. 969 | Ala. Ct. App. | 1913
The appellants were sued in the trial court by the appellee for $5,000 damages for injuries alleged by appellee to have been received by him as a laborer in the empl'oy of the appellants, while he was engaged in doing certain work in and about remodeling a dwelling in the city of Montgomery, that was in the course of being repaired or remodeled by appellants, as contractors. There was a recovery of $100 against the appellants, and from that judgment and a judgment overruling a motion for a new trial this appeal is prosecuted.
Under the ruling of the Supreme Court, the trial court committed no error in overruling the appellants’ demurrers to the first, second, third, and fourth counts of the complaint. — Birmingham Rolling Mills Co. v. Rockhold, 143 Ala. 115, 42 South. 96; Sloss Iron & Steel Co. v. Tilson, 141 Ala. 152, 37 South. 427; Wolf v. Smith, 149 Ala. 457, 42 South. 824, 9 L. R. A. (N. S.) 338; Jackson Lumber Co. v. Cunningham, Adm'r, 141 Ala. 206, 37 South. 445; West Pratt Coal Co. v. Andrews, 150 Ala. 368, 43 South. 348; So. Cotton Oil Co. v. Walker, 164 Ala. 33, 51 South. 169. It was not necessary that the employee, suing for personal injuries alleged to be due to the negligence of the employer, should in the complaint negative his own contributory negligence. — So. Ry. Co. v. Bentley, 1 Ala. App. 359, 56 South. 249. It is unnecessary for the plaintiff to negative in the complaint that he had knowledge of the defect. — Broslin v. K. C. M. & B. R. R. Co., 114 Ala. 398, 21 South. 475.
The evidence was in conflict as to whether the appel-lee was an employee of the appellants at the time he
Where the evidence is conflicting, and the preponderance depends upon the credence given it, an appellate court will not review the action of the trial court denying a new trial on that ground. — L. & N. R. R. Co. v. Hutcherson, 174 Ala. 609, 57 South. 379.
The ground of the motion for granting a new trial based on the failure of the evidence to show that the ladder complained of as defective was a part of the ways, works, machinery, or plant of the appellants was not Avell taken. The appellee testified that he heard one of
The errors assigned do not show reversible error, and an affirmance must follow.
Affirmed.