Woodward Iron Co. v. Finley

Injury to Licensee. 1. Negligence;r Injury to Licensee; Complaint. — In an action for injuries to a licensee on a tram car in a mine, a complaint alleging that the engineer wantonly or wilfully wrecked and derailed the car, but which does not aver that the engineer knew that plaintiff as licensee was on the car, was demurrable because merely characterizing the act, and not the injury as wanton or wilful. 2. Same; Issues; Evidence. — ¡Where the complaint alleges that plaintiff was in a place where he had a lawful right to be when injured, and that he was on a tram car used to haul employees of an independent contractor in and out of the mine, while going to his work, it was competent for defendant to prove under the general issue a rule prohibiting employees from riding on the cars. 3. Appeal and Error; Harmless Error; Pleading. — Any error in sustaining demurrers to pleas setting up matter available under the general issue, which was pleaded, was harmless.

Appeal from Bessemer City Court. Heard before Hon. J. C. B. Gwin. Action by A. M. Finley against the Woodward Iron Company and another for damages for injuries to plaintiff as licensee. Prom a judgment for plaintiff, defendants appeal. Tlie fifth count is as follows: “Plaintiff claims of defendant the further sum of $25,000 damages, and avers defendants Woodward Iron. Company, a corporation, and the said Arthur Williams, were engaged in operating an ore mine near Bessemer, Jefferson county, Ala., on, to wit, October 17, 1912, and had and used in their business a system of tram cars propelled by steam power running in and out of the said mine of defendants, and had in their employment an engineer or servant to operate said steam engine and tram cars in defendant’s said mine, who controlled and managed the operation of the said tram cars in defendant’s said mine by means of a cable connected and attached to the said tram cars and a drum, which said drum was turned and operated by said steam power on the outside of said mine, and on said date aforesaid this plaintiff was on the premises of defendants in one of the said tram cars of defendant’s while the same was descending the* slope in said mine, under the license of defendants, and while in said tram car and on his way in said mine to help or perform work for defendant’s contractor, Yeacher Head, said engineer or servant of defendants, and who was acting within the scope of his authority as such engineer and in charge and control of the said engine and tram cars, wantonly, wilfully, or intentionally wrecked and derailed said tram cars upon which plaintiff was riding into said mine, and plaintiff avers that, by reason of said wanton, willful, or intentional act of said engineer, this plaintiff’s body was badly bruised, one of his legs was broken and crushed, he was greatly shocked from which he suffered great mental and physical pain, his leg was permanently damaged and injured, and the capacity of the same decreased and rendered useless to plaintiff for the balance of his life, he lost time from his employment, he has been rendered, less liable to earn money by his labor, the only means of his support, he had to pay large sums for nursing and medical attention, and made to go lame and halt the remainder of his life, all to his great damage as aforesaid.