69 So. 544 | Ala. | 1915
“Plaintiff claims of the defendant $1,000 as damages, for that heretofore, to-wit, on or about the 25th day of February, 1913, plaintiff was rightfully at work in defendant’s mine near Bessemer, Ala., assisting a servant of defendant in and about setting a drill machine, and while so doing the drill fell upon plaintiff’s leg and crushed and mashed the same, so that plaintiff was disabled for a long time, made sick and sore, suffered great mental and physical pain and anguish, rendered unable to work and earn money for a long time, and caused to spend much money for medicines and doctors’ bills in and about his efforts to cure and heal his wounds and injuries; hence this suit.
“Plaintiff alleges that his said injuries were approximately caused by the negligence of the agents and ser: vants of the defendants who were then and there engaged*151 in and about the work or business of the defendant in connection with setting up said drill machine on the occasion aforesaid; wherefore he sues.”
This count does not declare as upon a wrong to a servant of the defendant. It is not, however, subject to the demurrer interposed. — Lookout Mountain Iron Co. v. Lea, 144 Ala. 169, 39 South. 1017; Republic Iron & Steel Co. v. Luster, 192 Ala. 501, 68 South, 358; Sloss-Sheffield Co. v. Stewart, 172 Ala. 516, 55 South. 785. The complaint proceeds upon the theory that plaintiff was not a servant.
The judgment is reversed, and the cause is remanded.
Reversed and remanded.