The Montgomery advertiser., 1908-08-23
mN1HnWllE El M M ' M ' zI V lz ll llll '
Es V. ANNIsToN KNITTING

".
 MILLS.
 by Parent for Injury to Minor
 ,mnioye. (Decided Feb. Ss lSVe- IS South. 1029
 Master and servant: minor em- res; dangerous work; duty to m uct-The duty Is on the master 10 struct an insxpsrisnScsd Ss s0.sra mlnqn pnc,dent lem the employment while at work or n going to and returning. from suca work. whether such empioye narent:s 1s consent; and if injuries proximate,y perform this duty tne maste. .hle both to the minor ana 70 'he p~
 harent and child; loss of service;
 of action--Where parent con- violation of the statute such par 1t cannot recover for services lost 70 A through injury to such child under any and all circumstances. because or the violation by defendant of the stat ute. notwithstanding the General Acts 1908. page es. prohibits the employ ment in factories of children under ten years of age.
 8. Same pleading; presumption-1n the absence of an averment to the contrary and construing pleading most strongly against the pleader. It will be presumed that plaintiff con sented to the employment. where the parent sues for injury to a minor en- pAoyed in contravention of the provis- ions of the General Acts of 1903. pags ee.
 {. Same; casual connection--A com plaint by parent for injury to child under ten years of age grounded upon a violation of the provisions of the General Acts of 1903 page 6S, Is in- sufricient if 1t falls to show & casual connection between the alleged wrong and the injuries complained of.
 5. Appeal; review; record--Rulings on demurrers to the original counts cauhf6t De reviewed where the record .Jxails to set out the original counts, but sets out only the amended counts. g. Same-Where the record does not disclose any action by the trial court on demurrers, this court will not review the demurrers.
 [. Parent and child; minor employees; action for injuries; contributory negli- gence--A plea setting up that the parent knowingly permitted the minor to go unprotected among defendants machinery knowing the place to be angerous, etc, is not sufficient to how such contributory negligence as defeat plafntif's right to recov- IT injury to such minor, based up- he employers failure to instruct ls to the danger of the employ
 Iegfigence; contributory negii-
 proximate cause-To be avail
 a defense the contributory neg
 set up must be at least con
 proximate cause of the 3n-
 dence; former judgment by
 rd--Under the issues In this
 ade by q Joinder in the spec
 was competent for defend
 " former judgment by the
 .inttn as next friend of the
 nor against this defendant.
 .er and servant; Injury to
 ldence--Tn an action for in-
 minor grounded on defend
 re to instruct servant as to
 s of an employment, 1t was
 for defendant to show by
 4t semptoye that the foreman of
 ant told her that if the minor
 ys came to work with witness
 witness must keep such minor the machine with witness or send her home.
 ii. Damages; parent and child; in- jury to child-In an action by parent for Injury to q child the damages re- coverable are compensatory and the parent may not recover punitive dam ages for his own mental suffering. Appeal from Calhoun Circuit Court. Heard before Hon. John Pelham Reversed and remanded. Opinion by Dowdell J.
 Tyson c. J., simpson and Denson, JJ., concur.
 FIX REL. LESLIE. ct al-. V.
 BRACKEN, ct al
 auo Warranto. o.--( Decided Feb. s, 1908. 45 South. s41.)
 1. Statute: subject and title of act; constitutional requirements.-The act of August g, 1907, (Looa1 Acts 1907. D. se0) Ia not violative of Section 45, Constitution 1901. with the exception that the changing of the term of of- flee of road overseer Is not included fn the title, and is not changed ty said act
 3. Same; mistakes in wording: con- Btructton.-Where the other provisions of the act or the legislative Journals furnish the means of correcting ap- parent mistakes in the wording of the statute. such mistakes will be consid- cred as corrected if the intention of the Legislature is clearly manifested; but the court will not change the wording of a statute to effeetaase a supposed intent which cannot be gath cred from the act or from the legis- latiye journals.
 3. same.-The act of August g, 1907, Qsocal Acts 1907. D. s6o) Is imperative for the reason that 1t does not appear