Supreme Court of Alabama May 18, 1911 (Tennessee Coal, Iron & Railroad v. Cottrell)

ANDERSON, J.

Count 5 of the complaint was under subdivision 4 of the employer’s liability act (section 3910 of the Code of 1907), and the gravamen of which was not the negligence of the person tipping the mixer, hut that it "was done in obedience to instructions negligently given by a person who was delegated by the master to give said instructions.