Sloss-Sheffield Steel & Iron Co. v. Maxwell

On Rehearing.

Appellant in a very able brief filed on 'its arpplieation for rehearing insists very strenuously that the undisputed evidence in this case shows that the said appellant was as to the $1 per month deducted from appellee’s wages a “noncompensated gratuitous trustee.” To this contention we cannot agree. True, the testimony of appellant’s witness Franklin, which was undenied, was to the effect that from the fund created by these $1 per month deductions from the wages of those situated as was appellee the doctor employed by the appellant was paid, and that, if there was any. left over, it went into the welfare fund, which was used by the appellant for the benefit of the -employees and welfare, and that, so far as witness knew, no part of this $1 fund went to the company for the company’s benefit. All of this means nothing, we think, so far as this appellee was concerned. He paid his $1 per month to the company (appellant) in. consideration of its agreement to furnish to him medical attention as and when he required it. What the company did with the said dollar was no concern of his.

Appellant insists that the case of Thomas v. Tenn. Coal Iron & R. R. Co., 178 Ala. 580, 59 So. 627, is not an authority for the opinion we have handed down, but we adhere to what we have already said in this regard.

The application is overruled.