Buffalo Rock Co. v. Davis
Supreme Court of Alabama
1Opinion of the Court
FOSTEB, Justice.
This suit was tried on counts 2, 3, and 4. Count 2 alleges that both plaintiff and defendant’s agent were using a public road by each operating on it a motor vehicle. They both had such legal right. Therefore each owed to the other the duty not to injure him by reason of negligence or wantonness. Cooper v. Agee, 222 Ala. 334, 132 So. 173; Ivy v. Marx, 205 Ala. 60, 87 So. 813, 14 A. L. R. 1173; Barbour v. Shebor, 177 Ala. 304, 310, 58 So. 276; American Bolt Co. v. Fennell, 158 Ala. 484, 48 So. 97.
When a complaint shows that both plaintiff and defendant were in the ordinary and…
2Cases cited21 opinions
- Southern Ry. Co. v. DicksonSupreme Court of Alabama · 1924
- B'ham Ry. L. & P. Co. v. BarrettSupreme Court of Alabama · 1912
- Jackson v. VaughnSupreme Court of Alabama · 1920
- Cooper v. AgeeSupreme Court of Alabama · 1930
- Morrison v. ClarkSupreme Court of Alabama · 1916
16 more not listed; retrieve them via the Exa API.
3Cited by37 opinions
- Blount Brothers Construction Company v. RoseSupreme Court of Alabama · 1962
- Lewis v. ZellSupreme Court of Alabama · 1965
- Graves v. WildsmithSupreme Court of Alabama · 1965
- Louisville N. R. Co. v. CoursonSupreme Court of Alabama · 1937
- Jack Cole, Inc. v. WalkerSupreme Court of Alabama · 1941
32 more not listed; retrieve them via the Exa API.