47 So. 64 | Ala. | 1908
The 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 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 ap
The affirmaibive charge, requested (by' defendant, should have been given.
Beversed and remanded.