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eBook details

• Title: Blount Brothers Construction Company V.
• Author : Supreme Court of Alabama
• Release Date : January 29, 1962
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 73 KB

Description

Count E of the complaint is as follows: 'Count E: Plaintiffs claim of the defendant the sum of $100,000 for that on to wit, April 14, 1958, William Earl Rose, who was the husband of plaintiff, Daisy J. Rose, and the father of the plaintiff, Goodwin Rose, who was then and is now an unmarried minor under the age of 18 years, was engaged as an employee of Nichols Plumbing & Heating Company, an employer regularly employing more than eight persons in its business, and both employer and employee were subject to the Workmen's Compensation Law of Alabama, and the plaintiffs were then and are now the only dependents of the said William Earl Rose in the meaning of the Workmen's Compensation law of Alabama. As such employee, William Earl Rose, was then engaged as a steam fitter in hanging and connecting heating units high up in a shop building at the Redstone Arsenal in Madison County, Alabama, which building the defendant was the general contractor in constructing, and it had possession and control of the building as such contractor and had undertaken in an agreement with the owner to provide for the safety of the persons working therein and had assumed therein the obligation of requiring the subcontractors working in said building to provide for the safety of their employees and had the right and obligation to direct and control the performance of the work done by the subcontractors so that the safety of the employees of the subcontractors would be provided for; defendant had a large crane extending across the building on top of which was erected a scaffold; and Rose's employer, Nichols Plumbing and Heating Company, was the subcontractor to install the heating and plumbing in said building under contract with defendant, and while Rose was engaged in hanging said heating units it was necessary that he work on the scaffold and climb from it to the crane and from the crane to the scaffold.

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