Racine Tire Co. v. Grady
Supreme Court of Alabama
Appeal from. Circuit Court, Jefferson County ; Horace C. Wilkinson, Judge. Action by Marshall B. Grady against the Racine Tire Company for damages for personal injuries sustained in an automobile accident, resulting in judgment for defendant, which, on plaintiff’s motion, was set aside, and new trial ordered, and from such latter order defendant appeals.
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Appeal from. Circuit Court, Jefferson County ; Horace C. Wilkinson, Judge. Action by Marshall B. Grady against the Racine Tire Company for damages for personal injuries sustained in an automobile accident, resulting in judgment for defendant, which, on plaintiff’s motion, was set aside, and new trial ordered, and from such latter order defendant appeals. Plaintiff, appellee here, was struck by an automobile truck of the defendant while crossing Twenty-Second street and Second avenue, in the city of Birmingham, and brought this suit to recover damages therefor. The cause was tried upon count…
1Opinion of the CourtGardner, J.
[1] The correctness of the two charges, given at the request of the defendant, which appear in the statement of the case, is the only question presented here for consideration. By these charges, the court in substance instructed the jury that, If from the evidence plaintiff, without any necessity therefor, placed himself in a position of danger through inadvertence, forgetfulness, inattention, absent-mindedness, or carelessness, he would be guilty of contributory negligence as to bar his recovery under count “A,” if they believe such negligence proximately contributed to cause his injury.
Under…
2Cases cited6 opinions
- Lerner v. City of PhiladelphiaSupreme Court of Pennsylvania · 1908
- Mayor of Knoxville v. CainTennessee Supreme Court · 1913
- Simonds v. City of BarabooWisconsin Supreme Court · 1896
- City of Birmingham v. EdwardsSupreme Court of Alabama · 1918
- Chewning v. Ensley Railway Co.Supreme Court of Alabama · 1893
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Louisville & Nashville Railroad Company v. JohnsSupreme Court of Alabama · 1958
- Williams v. City of HobbsNew Mexico Supreme Court · 1952
- Alabama Produce Co. v. SmithSupreme Court of Alabama · 1932
- City of Birmingham v. YoungSupreme Court of Alabama · 1945
- Smith v. LilleySupreme Court of Alabama · 1949
6 more not listed; retrieve them via the Exa API.