Legal Opinion

Zemczonek v. McElroy

Supreme Court of Alabama

Decided April 12, 1956No. 1 Div. 652PublishedCited by 27 opinions

1Opinion of the Court

LAWSON, Justice.

This suit was brought in the circuit courf; of Mobile County by Ben A. Zemczonek against Charles R. McElroy and Baggett Transportation Company, Inc., a corporation. The plaintiff sued under the homicide statute, § 119, Title 7, Code 1940, as father of Leonard V. Zemczonek, a minor, who lost his life as a result of a collision between Baggett’s truck and an automobile owned by McElroy, in which young Zemczonek was riding.

To the first count, which charges simple negligence, each defendant separately pleaded the general issue and contributory negligence and to the second count,…

2Cases cited16 opinions

  1. Griffin Lumber Co. v. HarperSupreme Court of Alabama · 1946
  2. F. W. Woolworth Co. v. EricksonSupreme Court of Alabama · 1930
  3. Sovereign Camp, W. O. W. v. DavisSupreme Court of Alabama · 1941
  4. Crocker v. LeeSupreme Court of Alabama · 1954
  5. Wagnon v. PattersonSupreme Court of Alabama · 1954

11 more not listed; retrieve them via the Exa API.

3Cited by27 opinions

  1. Thompson v. Magic City Trucking ServiceSupreme Court of Alabama · 1963
  2. Westbrook v. GibbsSupreme Court of Alabama · 1970
  3. Taylor v. ThompsonSupreme Court of Alabama · 1960
  4. Sellers v. SextonSupreme Court of Alabama · 1991
  5. Aggregate Limestone Co. v. RobisonSupreme Court of Alabama · 1964

22 more not listed; retrieve them via the Exa API.

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