Lawson v. Mobile Electric Co.
Supreme Court of Alabama
Appeal from Circuit Court, Mobile County ; Claud A. Grayson, Judge. Action by A. T. Lawson, as administrator of the estate of J. R. Lawson, against the Mobile Electric Company for damages for the death of his intestate. Judgment for defendant, and plaintiff appeals. The affirmative charge was not proper in this case. 151 Ala. 313, 44 South. 47; 166 Ala. 482, 52 South. 86; 175 Ala. 176, 57 South. 724, Ann.
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Appeal from Circuit Court, Mobile County ; Claud A. Grayson, Judge. Action by A. T. Lawson, as administrator of the estate of J. R. Lawson, against the Mobile Electric Company for damages for the death of his intestate. Judgment for defendant, and plaintiff appeals. The affirmative charge was not proper in this case. 151 Ala. 313, 44 South. 47; 166 Ala. 482, 52 South. 86; 175 Ala. 176, 57 South. 724, Ann. Cas. 1914C, 1119; 194 Ala. 175. 69 South. 601: 194 Ala. 338, 70 South. 7; 195 Ala. 152, 69 South. 964. Under the facts in this case, the doctrine of res ipsa loquitur applies. 190 Ala. 82.…
1ConcurrenceMcCLELLAN, J.
I concur in the affirmance of this judgment upon the ground, presented by the giving of the general affirmative charge (with hypothesis) for the defendant, that the wrong or negligence charged in the complaint was not shown to be the proximate cause of the injury and death of the intestate.
In the brief in support of the application for rehearing it is insisted that there is a conflict between the pertinent doctrine of Harris v. N., C. & St. L. Ry., 153 Ala. 156, 44 South. 962, 14 L. R. A. (N. S.) 261, touching the conclusiveness of the undisputed testimony of expert witnesses, and the…
2Cases cited10 opinions
- Robinson v. CrotwellSupreme Court of Alabama · 1911
- McAllister v. StateSupreme Court of Alabama · 1850
- Andrews v. FriersonSupreme Court of Alabama · 1905
- Harris v. Nashville C. & St. Louis R. R.Supreme Court of Alabama · 1907
- Tabler, Crudup & Co. v. Sheffield Land, Iron & Coal Co.Supreme Court of Alabama · 1888
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