Overton v. Bush
Alabama Court of Appeals
Appeal from Mobile Circuit Court. Heard before Hon. Samuel B. Browne. Action by Oron Overton against Albert P. Bush, for damages for injuries to person and property growing out of a collision between an automobile and motorcycle. Judgment for defendant and plaintiff appeals.
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Appeal from Mobile Circuit Court. Heard before Hon. Samuel B. Browne. Action by Oron Overton against Albert P. Bush, for damages for injuries to person and property growing out of a collision between an automobile and motorcycle. Judgment for defendant and plaintiff appeals. The court erred in sustaining the demurrer to amended count 1. — K. G. M. & B. v. Flippo, 138 Ala. 487; Postal T. Go. v. Jones, 133 Ala. 226; L. & Ff. v. Jones, 83 Ala. 376; L. & N. v. Mm-lury L. Go. 125 Ala. 237; M. é G. v. Martin, 117 Ala. 367; Watson on Damages, pp. 144, 176-7; Berry’s Law of Automobiles, sec. 125, and…
1Opinion of the CourtWalker, P. J.
As the argument in behalf of the appellant is confined to the action of the trial court in sustaining the demurrers to the two counts of the complaint as they were amended, those rulings alone will be considered. The amended first count avers that on a date named, “while the plaintiff was riding a motorcycle on the north side of Government street, going west, and was at or near the intersection of Rapier avenue and Government.street, two of the public streets of the city of Mobile, a servant of the defendant, to wit, the chauffeur, in charge of an automobile, which he was then and there…
2Cases cited6 opinions
- Louisville & Nashville Railroad v. Marbury Lumber Co.Supreme Court of Alabama · 1899
- Johnson v. Birmingham Railway L. & P. Co.Supreme Court of Alabama · 1907
- Louisville & Nashville R. R. v. ChurchSupreme Court of Alabama · 1908
- Postal Telegraph Cable Co. v. JonesSupreme Court of Alabama · 1901
- Rand v. SymsMassachusetts Supreme Judicial Court · 1894
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Morrison v. ClarkSupreme Court of Alabama · 1916
- Government Street Lumber Co. v. OllingerAlabama Court of Appeals · 1922
- Ruffin Coal & Transfer Co. v. RichSupreme Court of Alabama · 1926
- Tennessee Mill & Feed Co. v. GilesSupreme Court of Alabama · 1924
- Terrill v. WalkerAlabama Court of Appeals · 1912
2 more not listed; retrieve them via the Exa API.