Aetna Accident & Liability Co. v. Birmingham R. L. & P. Co.
Supreme Court of Alabama
Appeal from Birmingham City Court. Heard before Hon. C. W. Ferguson. The Aetna Accident & Liability Company sued the Birmingham Railway, Light & Power Company for damages to an automobile 'in collision with a street car, and recovered a verdict in the sum of $20. It made a motion to set aside the verdict and judgment and to be granted a new trial, on the ground that, if entitled to recover, it was entitled to a verdict for more than the sum granted, on the undisputed…
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Appeal from Birmingham City Court. Heard before Hon. C. W. Ferguson. The Aetna Accident & Liability Company sued the Birmingham Railway, Light & Power Company for damages to an automobile 'in collision with a street car, and recovered a verdict in the sum of $20. It made a motion to set aside the verdict and judgment and to be granted a new trial, on the ground that, if entitled to recover, it was entitled to a verdict for more than the sum granted, on the undisputed evidence in the case. The court overruled the motion and plaintiff appealed. Transferred from Court of Appeals.
1Opinion of the CourtSomerville, J.
This is an action to recover for damage done to an automobile in a collision with one of defendant’s cars, due, as alleged, to the negligence of defendant or its servants. The undisputed evidence shows that the damage to the car, resulting directly from the collision, was at least $600. The jury found for the plaintiff, but they awarded as damages the scarcely more than nominal sum of $20. Plaintiff moved to set aside the *73verdict and judgment on the ground, among others, that “if entitled to recover at all, it was entitled to recover more than $20.” This motion was overruled, and that action…
2Cases cited3 opinions
- Louisville & Nashville R. R. v. StreetSupreme Court of Alabama · 1909
- Moseley v. JamisonMississippi Supreme Court · 1890
- Hardeman v. WilliamsSupreme Court of Alabama · 1908
3Cited by4 opinions
- Stinson v. Acme Propane Gas Co.Supreme Court of Alabama · 1980
- Alabama Great Southern R. Co. v. RandleSupreme Court of Alabama · 1927
- Cocke v. EdwardsSupreme Court of Alabama · 1926
- Tennessee Coal, Iron R. Co. v. DunlapAlabama Court of Appeals · 1931