Corona Coal & Iron Co. v. White
Supreme Court of Alabama
Appeal from Jefferson Circuit Court. Heard before Hon. A. O. Lane. Personal injury action by Nora White against the Corona Coal & Iron Company. Prom a judgment for plaintiff, defendant appeals.
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Appeal from Jefferson Circuit Court. Heard before Hon. A. O. Lane. Personal injury action by Nora White against the Corona Coal & Iron Company. Prom a judgment for plaintiff, defendant appeals. The following authorities show beyond controversy thát the defendant was not responsible for the negligence of the driver at the time of the accident.' — 20 A. & E. Ency. of Law, 165-6; Slayter v. Advance Threshing Co., 5 L. R. A. (N. S'.) 598;'2 Thomp. on Neg. 885-6; Cooley On Torts, 533; 19 Ohio St. 110; L. R. 40 B. 475; 13 C. B. 237; 51 Minn. 488. Where there is a conflict in the evidence the…
1Opinion of the Court
SIMPSON, J.-
The appellee sued in this case for damages caused by being struck and knocked down by a wagon and team belonging to the defendant. It is not disputed that the wagon and team were left by the driver, *629while he went into the house to get a trunk belonging to the shipping clerk of defendant company to take the same to the depot, and that, while left unattended, the team ran away and came in collision with the plaintiff, who was walking on the street of Corona. The contention of the appellant is that it ivas entitled to the general affirmative charge, because, first, it was not within…
2Cases cited2 opinions
- Moebus v. . HerrmannNew York Court of Appeals · 1888
- Dolfinger & Co. v. FishbackCourt of Appeals of Kentucky · 1876
3Cited by9 opinions
- Adler v. MartinSupreme Court of Alabama · 1912
- Ivy v. MarxSupreme Court of Alabama · 1920
- Shafer v. MyersSupreme Court of Alabama · 1927
- Schmidt v. Mobile Light R. Co.Supreme Court of Alabama · 1920
- Terrill v. WalkerAlabama Court of Appeals · 1912
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