Penticost v. Massey
Supreme Court of Alabama
Appeal from City Court of Birmingham; Robert N. Bell, Special Judge. Suit by S. Penticost, as administrator, against Richard W. Massey. Judgment for defendant, and plaintiff appeals.
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Appeal from City Court of Birmingham; Robert N. Bell, Special Judge. Suit by S. Penticost, as administrator, against Richard W. Massey. Judgment for defendant, and plaintiff appeals. Suit by Appellant as administrator, against appellee, to recover damages for tbe death of bis girl, eight years old, who was run over and killed by an automobile on a public highway in the city of Birmingham, in front o£ an apartment house known as Terrace Court, located at the intersection of Highland avenue and Twentieth street. At the conclusion of the evidence for plaintiff, defendant offered testimony, and,…
1Opinion of the Court
GARDNER,, J.
[1, 2] The foregoing statement of the case sufficiently discloses the tendency of the evidence for the respective parties, and a general outline of the questions here presented for review. It is quite clear, of course, that the evidence for the plaintiff sufficiently identifies the car which struck his child as that used by the family of defendant, and that it’ was in charge of the chauffeur who had for some time been operating the same, for submission of that question to the jury for determination. Liability is sought to be fastened upon the defendant upon the principle of…
2Cases cited15 opinions
- Albritton v. ScottSupreme Court of Florida · 1917
- Slater v. Advance Thresher Co.Supreme Court of Minnesota · 1906
- Shipp v. SheltonSupreme Court of Alabama · 1915
- Parker v. WilsonSupreme Court of Alabama · 1912
- Moon v. MatthewsSupreme Court of Pennsylvania · 1910
10 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- Young v. MasciSupreme Court of the United States · 1933
- Jones v. BellSupreme Court of Alabama · 1917
- MacKintosh Co. v. WellsSupreme Court of Alabama · 1928
- Brown v. Mobile Electric Co.Supreme Court of Alabama · 1921
- Dowdell v. BeasleySupreme Court of Alabama · 1920
27 more not listed; retrieve them via the Exa API.