Mullins v. Lemley
Supreme Court of Alabama
Appeal from. Circuit Court, Madison County ; Robt. O. Brickell, Judge. Action by Q. C. Lemley against T. K. Mullins for damages to a horse and buggy in an automobile collision. Judgment for the plaintiff, and the defendant appeals.
Read the full summary
Appeal from. Circuit Court, Madison County ; Robt. O. Brickell, Judge. Action by Q. C. Lemley against T. K. Mullins for damages to a horse and buggy in an automobile collision. Judgment for the plaintiff, and the defendant appeals. Transferred from Court of Appeals under section 6, p. 449, Acts 1911. Count 1 is as follows: The plaintiff claims of the defendant the sum of $300 damages for this: That on or about November 25, 1918, while plaintiff’s horse and buggy was being driven along the Huntsville and Triana Pike, a public road near Merrimack village, in Madison county Ala., the defendant…
1Opinion of the CourtMcCLELLAN, J.
[1,2] The plaintiff (appellee) was awarded a judgment against defendant (appellant) for $70 as damages resulting from a collision, on a public highway, between defendant’s automobile and plaintiff’s horse and buggy. The first count of the complaint was not subject to the original or additional grounds of demurrer interposed thereto. It was not necessary to aver in the count that plaintiff was driving his horse on this occasion, or to name, in the count, the person or persons driving the horse. Damages to property negligently or wrongfully injured by another on a public highway may be…
2Cases cited3 opinions
- McPherson v. StateSupreme Court of Alabama · 1916
- Skains v. BarnesSupreme Court of Alabama · 1910
- Yarger v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Iowa · 1889
3Cited by3 opinions
- Roan v. SmithSupreme Court of Alabama · 1961
- Kemp v. JacksonSupreme Court of Alabama · 1962
- Bush v. StantonSupreme Court of Alabama · 1962