Karpeles v. City Ice Delivery Co.
Supreme Court of Alabama
Appeal from Birmingham City Court. Heard before Hon. C. W. Ferguson. Action by Max Karpeles as administrator against the City Ice Delivery Company for damages for the death of his intestate in a collison with an automobile. Judgment for defendant, and plaintiff appeals.
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Appeal from Birmingham City Court. Heard before Hon. C. W. Ferguson. Action by Max Karpeles as administrator against the City Ice Delivery Company for damages for the death of his intestate in a collison with an automobile. Judgment for defendant, and plaintiff appeals. The facts made by the complaint are that, while Nathan Lowenstein was upon a motorcycle upon a public street in the city of Birmingham, an automobile in charge or control of defendants upon said public street ran into or against the motorcycle, so. injuring intestate that he died. The first count alleged the negligence in a…
1Opinion of the Court
SAYRE, J.—
(1-4) Appellee’s objections to some expressions in the deposition of the witness Fletcher, made for the first time when the deposition was offered in evidence, were sustained in the court below, and these several rulings are assigned for error. The deposition had been taken on oral interrogatories. Attorneys for appellee, defendant below, had refused to take part in the examination, and at the trial objected to the deposition as a whole, on the ground that the commission had been issued in' a case not authorized by statute; but we doubt that this objection was tenable, and shall…
2Cases cited7 opinions
- Whilden & Sons v. Merchants' & Planters' National BankSupreme Court of Alabama · 1879
- Reaves v. MaybankSupreme Court of Alabama · 1915
- Randle v. Birmingham Railway, Light & Power Co.Supreme Court of Alabama · 1910
- Alabama City G. & A. Ry. Co. v. HealdSupreme Court of Alabama · 1912
- Birmingham Railway, Light & Power Co. v. ElySupreme Court of Alabama · 1913
2 more not listed; retrieve them via the Exa API.
3Cited by38 opinions
- Grandquest v. WilliamsSupreme Court of Alabama · 1961
- Maslankowski v. Beam Ex Rel. QuernemeonSupreme Court of Alabama · 1972
- Boyette v. BradleySupreme Court of Alabama · 1924
- Sovereign Camp, W. O .W. v. HoomesSupreme Court of Alabama · 1929
- Crocker v. LeeSupreme Court of Alabama · 1954
33 more not listed; retrieve them via the Exa API.