Bartow County Fair Ass'n v. Gilreath
Bartow County Fair Ass'n v. Gilreath
Opinion of the Court
Mrs. L. R. Gilreath brought an action against the Baj-tow County- Pair Association, to recover for loss of service of her minor son, resulting from an injury he received while in the employment of the defendant, and for other items of damage. In her petition she alleged-in substance as follows: She was a widow. Her son, of the age of 16 years, sought and obtained employment with the defendant, which was conducting a county fair. He was placed just inside of the.
1. The action was based on the alleged negligence of the defendant and injury resulting therefrom. So considered, the allegations were not sufficient to show negligence of the defendant toward the son of the plaintiff, and injury proximately resulting therefrom.
2. If the action were considered as including a suit on the theory of employment of the plaintiff’s minor son in a dangerous occupation without her consent, the allegations were not sufficient. It was not alleged that the employment as a whole rvas without the consent or against the will of the plaintiff; or that she hired her minor son to the defendant for service of a certain character or consented to such special employment, and that without her consent the defendant put him to work at a more dangerous employment; or that the defendant knew of the son’s minority.
(a) While, on the trial of issue? of fact, inferences may be drawn by the jury from facts proved, pleadings are to be taken most strongly against the pleader on demurrer.
Judgment reversed.
Dissenting Opinion
dissenting. The allegations of the petition clearly make the case of knowingly employing the minor son of a parent, without her consent, in a dangerous and hazardous employment. Where one knowingly engages a minor in a dangerous employment without the father’s consent, or, in case of the father’s death, without the consent of the mother, and the minor is injured in such employment, the employer is responsible to the father, or the widowed mother, as the case may be, for any consequent loss of the minor’s services. Marbury
Case-law data current through December 31, 2025. Source: CourtListener bulk data.