Yarbrough v. Carter
Supreme Court of Alabama
Appeal from Jefferson Circuit Court. Heard, before Hon. .E. C. Crowe. Action by W. J. Carter against H. F. Yarbrough. Judgment for plaintiff, and defendant appeals.
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Appeal from Jefferson Circuit Court. Heard, before Hon. .E. C. Crowe. Action by W. J. Carter against H. F. Yarbrough. Judgment for plaintiff, and defendant appeals. The first count of the complaint is that plaintiff claims of defendant the sum of $10,000 as damages for that on, to wit, the 27th day of September, 1911, the defendant wantonly or willfully injured plaintiff by causing an automobile to run over, upon, or against plaintiff, severely injuring him, and that as a proximate result of said injury he has suffered and will suffer, etc. The demurrers raise the proposition that the count…
1Opinion of the CourtMayfield, J.
Count 1 of the complaint as amended states a good cause of action as for willful or wanton injury, and was not subject to the demurrers interposed. The count alleges in terms that the injury complained of was wantonly or willfully inflicted by caus*359ing an automobile to run over or against the plaintiff. Such averments have been repeatedly held sufficient by this court, and distinguished from that line of cases, cited and relied on by appellant, in which the counts attempt to set forth the facts relied upon to show wanton or willful injury, when such facts so set forth do not support the…
2Cases cited1 opinion
- Adler v. MartinSupreme Court of Alabama · 1912
3Cited by20 opinions
- Jackson v. VaughnSupreme Court of Alabama · 1920
- Louis Pizitz Dry Goods Co. v. CusimanoSupreme Court of Alabama · 1921
- Buffalo Rock Co. v. DavisSupreme Court of Alabama · 1934
- Edwards v. EarnestSupreme Court of Alabama · 1921
- Jones v. KeithSupreme Court of Alabama · 1931
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