CODE OF 1897.




CHAPTER 2.- Right of action for injuries causing death. SECTION 26. When the death of a minor child is caused by the Death of minor wrongful act, or omission, or negligence of any person or persons, or child. corporation, his or their servants or agents, the father, or the mother, in the cases mentioned in the preceding section (cases of the father's disability), or the personal representative of such minor, may sue and Who may sue. recover such damages as the jury may assess; but a suit by the father or mother, in such case, is a bar to a suit by the personal representative. Recovery is solely for the benefit of parents. 100 Ala. 451. Parent can recover only where minor could have recovered at common law, bad he survived, 90 Ala. 13. Damages under this section are compensatory and not punitive. 91 Ala. 635.

Sec. 27. A personal representative may maintain an action, and Rightof action recover such damages as the jury may assess, for the wrongful act, accrues, when. omission, or negligence of any person or persons, or corporation, his or their servants or agents, whereby the death of his testator or intestate was caused, if the testator or intestate could have maintained an action for such wrongful act, omission, or negligence, if it had not caused death; such action shall not abate by the death of the defend- Survival of acant, but may be revived against his personal representative; and may be maintained, though there has not been prosecution, or conviction, or acquital of the defendant for such wrongful act, or omission, or negligence; and the damages recovered are not subject to the payment Damages of the debts or liabilities of the testator or intestate, but must be dis- empt. tributed according to the statute of distributions. Such action must Limitation. be brought within two years from and after the death of the testator or intestate. Damages under this section are punitive " to prevent homicides." The measure of damages is with the jury. 58 Ala. 672.

Negligence of a fellow-servant gives no right of action under this section. 101
Ala. 309.

CHAPTER 3.-- Wages preferred-In administration. Section 126. The debts against the estates of decedents are to be Order of pay. paid in the following order:

mands. 1. The funeral expenses. 2. The fees and charges of administration. 3. Expenses of the last sickness. 4. Taxes assessed on the estate of the decedent previous to his death. 5. Debts due to employees, as such, for services rendered the year of the death of the decedent.

6. The other debts of the decedent.

Sec. 290. When the real and personal property of any decedent is Insolvent insufficient for the payment of the debts, the proceeds arising from tates. the sale thereof must be distributed as directed by section 126 in proportion to the amounts due to each class of creditors, in the order in such section specified. H. Doc. 733, 58-2-7






CHAPTER 43.- Liability of employers for injuries to employees. Injury caused SECTION 1749. When a personal injury is received by a servant or by

employee in the service or business of the master or employer, the master or employer is liable to answer in damages to such servant or employee, as if he were a stranger, and not engaged in such serv

ice or employment, in the cases following: Defects.

1. When the injury is caused by reason of any defect in the condition of the ways, works, machinery, or plant connected with, or

used in the business of the master or employer. Negligence of 2. When the injury is caused by reason of the negligence of any superintendent.

person in the service or employment of the master or employer, who has any superintendence intrusted to him, whilst in the exercise of

such superintendence. Or one in au

3. When such injury is caused by reason of the negligence of any thority.

person in the service or employment of the master or employer, to whose orders or directions the servant or employee, at the time of the injury, was bound to conform, and did conform, if such injuries

resulted from his having so conformed. Obedience rules or instruc

4. When such injury is caused by reason of the act or omission of tions.

any person in the service or employment of the master or employer, done or made in obedience to the rules and regulations or by-laws of the master or employer, or in obedience to particular instructions given by any person delegated with the authority of the master or employer

in that behalf. Negligence of

5. When such injury is caused by reason of the negligence of any person in charge of railroad sig- person in the service or employment of the master or employer, who nal, etc. has the charge or control of any signal, points, locomotive, engine,

switch, car, or train upon a railway, or of any part of the track of a

railway: Exceptions. But the master or employer is not liable under this section, if the

servant or employee knew of the defect or negligence causing the injury, and failed in a reasonable time to give information thereof to the master or employer, or to some person superior to himself engaged in the service or employment of the master or employer, unless he was aware that the master or employer, or such superior already knew of such defect or negligence; nor is the master or employer liable under subdivision 1, unless the defect therein mentioned arose from, or had not been discovered or remedied owing to the negligence of the master or employer, or of some person in the service of the master or employer, and intrusted by him with the duty of seeing that the ways, works, machinery, or plant, were in proper condition.

In order for recovery there must be actual employment: volunteer service or service outside the line of duty is not protected. 85 Ala. 203.

Liability is based on the fact of employment and not on contract, and can not be avoided by a contract or rule attempting to place the risk on the employee. 97 Ala. 126.

The statute does not apply to known risks and dangers of the service against which human skill and caution can not provide, nor to accidents incident to the business. 94 Ala. 199.

This section does not abrogate the defense of contributory negligence: a negligent employee can not recover under its provisions. 8 So. Rep. 357.

But if a fellow-servant acted so recklessly or wantonly as to raise the imputation
of a willful or intentional injury, with knowledge that injury would probably result
from his conduct, contributory negligence is not a defense. 85 Ala. 269.

Injury alone does not raise a presumption of negligence. 97 Ala. 171.
Causal connection must be shown between negligence and injury. 91 Ala. 496.
Jury may infer such connection from circumstances. 95 Ala. 397.

Damages recoverable are compensatory and not punitive, and do not include exemplary damages or damages for pain, suffering, or loss of society. 91 Ala. 548.

The employee must have notice or knowledge of rules to make their violation
contributory negligence. 112 Ala. 216.
Custom and practice can not justify negligence. 94 Ala. 277.
But employer may acquiesce in breach of rule. 100 Ala. 232.
Or waive its observance by inconsistent requirements. 111 Ala. 275.

A defect in ways must be of an inherent part: a movable object temporarily on the track is not within the statute. 110 Ala. 185.

Superintendence is not necessarily that exercised over the injured person, but if the negligence of a superintendent results in injury to any servant of the common master, the latter is liable. 97 Ala. 240.

A superintendent put over a gang of laborers by a city can not be repudiated on the ground that his appointment was illegal when an employee brings action for injuries received through the superintendent's negligence. 14 So. Rep. 357.

The provisions of subsection 5 do not apply to the engineer of a stationary engine moving cars in a mine by the use of a cable and a drum. 26 So. Rep. 124.


Sec. 1750. Damages recovered hy the servant or employee, of and Damages from the master or employer, are not subject to the payment of debts, empt. or any legal liabilities incurred by him.

Sec. 1751. If such injury results in the death of the servant or Injury causing employee, his personal representative is entitled to maintain an action death. therefor, and the damages recovered are not subject to the payment of debts or liabilities, but shall be distributed according to the statute of distributions.

When the injury results in death, no one but the personal representative can sue.
8 Ala. 193.

Damages are recoverable if injury was a contributing cause of death. 91 Ala. 496.
If deceased left no next of kin, only nominal damages will be awarded.
That the deceased was a minor makes no difference under this statute. 90 Ala. 13.

92 Ala.


CAAPTER 50.- Exemption of wages from garnishment, etc.

SECTION 2038 (as amended by act No. 734, Acts of 1898–99). The $25 exempt wages, salaries, or other compensations of laborers, or employees, resj. from levy. dents of this State, for personal services, to the amount of twenty-five dollars per month, shall also be exempt from levy under writs of garnishment or other process for the collection of such debts, and when the fact of such indebtedness is disclosed by the answer of the garnishee the levy shall be void and the same shall be dismissed by the court hefore whom filed unless the plaintiff in garnishment shall contest the answer of the garnishee, as now provided by the law in such cases.


CHAPTER 50.- Payment of wages due deceased employees. SECTION 2074. Whenever an employee of another shall die intestate Payment and there shall be due him as wages or salary, a sum not exceeding widow, etc. one hundred dollars, the debtor may discharge himself from liability therefor by paying such amount to the widow of the deceased employee, or, if there be no widow, to the person having the actual custody and control of his minor child or children, if any; and the sum

Sum exempt. so paid is exempted to the widow and minor child or children, or either, as the case may be, as part of the one thousand dollars in personalty exempted to them.

CHAPTER 60. Earnings of married women.

SECTION 2521. The earnings of the wife are her separate property; Earnings sep.

arate property.

CHAPTER 72.-— Right of action for injuries causing death-Limitation.

SECTION 2793. Civil suits must be commenced, after the cause of Limitation: action has acerued, within the period prescribed in this chapter, and not afterwards.

of two years. Sec. 2800. Limitation of two years. -Action by representative to recover damages for wrongful act, omission or negligence causing death of the decedent, under section 27.

SEC. 2801. Within one year,

of one year.


5. Action for damages for wrongful act or omission, causing personal injury to, or death of a minor, under section 26.

CHAPTER 78.- Mine regulations. SECTION 2899 (as amended by act No. 1137, Acts of 1900-1901). There Inspectors. shall be appointed by the governor of Alabama three inspectors of coal mines within ten days of the first day of May, 1897; one of them shall be designated as chief mining inspector, and the other two shall be designated as associate mining inspectors. The chief mining inspector shall hold his office for three years from said date; one of the associate mining inspectors shall hold his office for two years, and the

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