The Montgomery advertiser., 1903-03-14
HEAD NOTES OF THE DECISIONS
 OF THE ALABAMA SUPREME COURT
to Euploye.-Appeal from

to Employ e.-Appeal from Circuit Court of Jefferson.
 1. Contrtbutory negligence; sufficiency of plea---A plea of contributory neSli- gence must aver state Of facts 10 which the law attaches the conclusfon of negligence.
 2. Employer and employe; contributory negligence: choosing less safe Of two ways; notice. Before an employe can be charged with contrfbutory negligence in choosing the less safe of two routes, It must appear that he had notice of the danger or defect making 1t less safe.
 a. Same: contributory negli ligence by continuing in dangerous employment-- failing to give notice of defects in his employers ways. works, etc. whom to do so is necessary for his own protec- ton, or in failing to use due care to avoid danger created by the defects. yet his mere continuance in the service for which he was employed, though with knowledge of such defects and danger, cannot, as between him and the employer, be accounted an act of negligence.
 A. Same: volunteers.-A person who knowledge of tho risk run. and who vol- untarily goes to do that which he knows will expose him to danger, cannot recover for injuries so received.
 s. Employer and employe; volenti non 1t; obvious risks; known dangers.-The doctrine of volenu non fit injurfa is founded on the consent of the employe to take the chances of injury or escape from a threatening situation, but such consent Is not implied unless the danger is obvi- ous or is known to the eanploye.
 6. Contributory negligence: sufiiciency of plea; knowledge or notice.-A plea of contributory negligence, tmputing to the injured person knowledge Tor notice" of the danger he ,enGauntered, is insufficient, notice not being the equivalent of knowl- edge.
 Reversed and remanded. Opinion by Sharpe, J.
 HAND, ct all. V. STAPLETON, ct al. Bill for Injunction.-Appeal from Chan
 cery Court of Mobile.
 1. Statutes; contingent legislation; con- pass a valid statute, to take effect upon the happening of a future event, and may delegate to an officer or person the power of determining and announcing whether such event has happened.
 2. Same Constitution 1S76, Art l., Eec. 2; act to provide for removal of county seat of Baldwin County The act enti- tied An Act to provide for the removal (Acts 19O0-1. p. 7o0. which provides for the removal of the Court House and pro- vides that the act shall not take effect until Commissioners thereby created shall ascertain that Its removal will not re- quire an increase of the tax-rate to pay the cost of same, Is not repugnant to Section 22, Article l.. of the Constitution of 1875. which provides that -No power of suspending laws shall be exercised ex- cept by the General Assembly, as the Legislature determined for itself the ex- pediency of the acts going or not going into effect. and the suspension of the act was exercised by the Legislature and not by the commissioners
 B. Statutes; conflicting sections, how construed.-As between conflicting sec tions of the same act, the last in order conflict or inconsistency will not nullify the entire enactment, where the intention of the Legislature can be efrectuated by giving efreot to the later sections and others in harmony with 1t,
 Reversed and remanded. Opinion by Tyson, l.