71 So. 406 | Ala. | 1916
Now the second count sought a recovery on the allegation, in substance, that one Jones, defendant’s superintendent, negligently permitted plaintiff to be sent to work with men incapable of safely assisting him in his work, or negligently sent inexperienced and unskilled, or incompetent, workmen, or an insufficient number of workmen, to assist plaintiff in the work he was required to do. We have read the record, without finding evidence that Curl lacked that measure of experience, skill, or competence required to operate the crane, or, however that may have been, that Jones was negligent in employing or retaining him in the service. Curl had had experience, and his single act of negligence on the occasion of plaintiff’s injury was not sufficient to warrant a finding that he was unskilled or incompetent.— Conrad v. Gray, 109 Ala. 130, 19 South. 398; First National Bank v. Chandler, 144 Ala. 286, 29 South. 822, 113 Am. St. Rep. 39. Defendant was due the general charge on the second count as requested.
Reversed and remanded.