Burke v. Curtis Aeroplane Motor Co.
Supreme Court of Alabama
Appeal from Circuit Court, Montgomery County; Leon McCord, Judge. Action by D. T. Burke against the Curtis' Aeroplane Motor Company for damages for personal injuries. Judgment for the defendant, and the plaintiff appeals.
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Appeal from Circuit Court, Montgomery County; Leon McCord, Judge. Action by D. T. Burke against the Curtis' Aeroplane Motor Company for damages for personal injuries. Judgment for the defendant, and the plaintiff appeals. The court erred in directing a verdict for the defendant. 95 Ala. 404, 11 South. 341; 107 Ala. 272, 18 South. 37; section' 5331, Code 1907. Counsel, after a discussion of the evidence, insist that the court properly directed the verdict; but they cite no authority in support of their contention.
1Opinion of the Court
■ McCLELLAN, J.
The apipellant sued the appellee for damages for personal injuries sustained by him. The appellant was an employé of the appellee and was, when injured, being transported by truck from Taylor Eield to the city of Montgomery. The truck was operated by the appellee’s employe. It was carrying about 26 men, employés of the appellee. It was customary for the driver to stop the truck along the streets of Montgomery to permit the men to alight at such places as they notified the driver they desired to get off. The truck had a body with sides, on which rested planks for seats. Taking…
2Cases cited3 opinions
- Bienville Water Supply Co. v. City of MobileSupreme Court of Alabama · 1899
- Donahoo Horse & Mule Co. v. DurickSupreme Court of Alabama · 1915
- Southern Railway Co. v. HundleySupreme Court of Alabama · 1907
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- King v. WinslettSupreme Court of Alabama · 1971
- Ball v. Natl. Life Acc. Ins. Co. of NashvilleAlabama Court of Appeals · 1959
- Southeastern Const. Co. v. RobbinsAlabama Court of Appeals · 1946
- Ball v. Natl. Life Acc. Ins. Co. of NashvilleAlabama Court of Appeals · 1959
- Lumpkin v. Alabama Farm Bureau Mutual Casualty InsuranceCourt of Civil Appeals of Alabama · 1977