Legal Opinion · Concurrence

Haywood v. State

Alabama Court of Appeals

Decided June 7, 1966Published

1ConcurrenceCates, Justice

The Act of July 7, 1945, was directed mainly against the mischief of common drunks obstructing passage on the highways as pedestrians. Its civil consequence by creating a case of contributory negligence is noteworthy.

The Legislature has laid down a rule of conduct to protect the besotted pedestrian as well as the motorist. This law, being criminal and in derogation of Common Law, must be strictly construed. This I take to be the essence of Brown v. State, 38 Ala. App. 312, 82 So.2d 806.

Here I think there was sufficient evidence of Haywood’s staggering from one part of the travelled roadway to…

2Cases cited3 opinions

  1. Shuttlesworth v. City of BirminghamSupreme Court of the United States · 1966
  2. Brown v. StateAlabama Court of Appeals · 1955
  3. Annie Lee Cooper and Stanley Leroy Wise v. State of AlabamaCourt of Appeals for the Fifth Circuit · 1965

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