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Goodyear Tire & Rubber Company Alabama V.

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eBook details

  • Title: Goodyear Tire & Rubber Company Alabama V.
  • Author : Supreme Court of Alabama
  • Release Date : January 21, 1957
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 73 KB

Description

GOODWYN, Justice. This proceeding was commenced in the circuit court of Etowah County for the recovery of benefits under the
Alabama Workmen's Compensation Law, Code 1940, Tit. 26, § 253 et seq., as amended, by Morton H. Downey, appellee,
for disability allegedly resulting from an accident which arose out of and in the course of his employment by Goodyear Tire
and Rubber Company of Alabama, defendant below and petitioner here. The trial court awarded compensation to the plaintiff
and the case is here on certiorari. The Company admitted in its answer to the complaint that the relationship of employer and employee existed between it and
the plaintiff at the time of the accident and that they were subject to the Workmen's Compensation Law of Alabama then in
force; that plaintiff suffered the alleged accident 'which arose out of and in the course of his employment, of which accident
defendant had notice', and that on the date of said accident 'the plaintiff was a married man living with his wife and two
dependent children under 18 years of age.' As to the accident and the injuries sustained by plaintiff, the answer alleges
the following:


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