Ivy v. Marx
Supreme Court of Alabama
Appeal from Circuit Court, Jefferson Coun-J ty; Dan A. Greene, Judge. Action by Leopold Marx against Paul A. Ivy. Judgment for plaintiff, and defendant appeals. Appellee recovered a judgment against the appellant on account of injuries sustained by the plaintiff as a result of being struck by defendant’s automobile on one of the public streets of the city of Birmingham. The complaint contained two counts, one a simple negligence oount and the other a wanton count.
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Appeal from Circuit Court, Jefferson Coun-J ty; Dan A. Greene, Judge. Action by Leopold Marx against Paul A. Ivy. Judgment for plaintiff, and defendant appeals. Appellee recovered a judgment against the appellant on account of injuries sustained by the plaintiff as a result of being struck by defendant’s automobile on one of the public streets of the city of Birmingham. The complaint contained two counts, one a simple negligence oount and the other a wanton count. The defendant pleaded the general issue, and also contributory negligence on the part of the plaintiff; one of such pleas being…
1Opinion of the CourtGardner, J.
This appeal presents but a single question, Did the defendant, in the court below, while driving his automobile on Twenty-First street in the city of Birmingham, owe any duty to the plaintiff to keep a lookout while the latter, a pedestrian, was crossing said street at a place other than at the highway intersection in the city of Birmingham, in violation of a municipal ordinance then in force.
The trial court instructed the jury that if the plaintiff was violating said ordinance, and such violation was the proximate cause of the injury, then he would be guilty of contributory negligence, and…
2Cases cited13 opinions
- Bourne v. WhitmanMassachusetts Supreme Judicial Court · 1911
- Adler v. MartinSupreme Court of Alabama · 1912
- So. Ry. Co. v. StewartSupreme Court of Alabama · 1912
- Barbour v. SheborSupreme Court of Alabama · 1912
- Shimoda v. BundyCalifornia Court of Appeal · 1914
8 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- Meyn v. Dulaney-Miller Auto Co.West Virginia Supreme Court · 1937
- Cooper v. AgeeSupreme Court of Alabama · 1930
- Eubanks v. MullisCourt of Appeals of Georgia · 1935
- De Rossett v. MaloneCourt of Appeals of Tennessee · 1950
- Buffalo Rock Co. v. DavisSupreme Court of Alabama · 1934
28 more not listed; retrieve them via the Exa API.