Barbour v. Shebor
Supreme Court of Alabama
Appeal from Birmingham City Court. Heard before Hon. C. W. Ferguson. Action' by Ben Shebor against W. O. Barbour for personal injury. Judgment for plaintiff, and defendant appeals.
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Appeal from Birmingham City Court. Heard before Hon. C. W. Ferguson. Action' by Ben Shebor against W. O. Barbour for personal injury. Judgment for plaintiff, and defendant appeals. Count B is as follows: “Plaintiff claims of the defendant the sum of $15,000 as damages, for that, whereas, heretofore, and on, to wit, the 4th day of March, 1910, the defendant was running and operating an automobile upon the streets of Birmingham, Jefferson county, Alabama, when the same ran against plaintiff, a pedestrian, who was crossing said street, and plaintiff was thereby greatly injured, bruised, and…
1Opinion of the CourtSimpson, J.
This is an action by the appellee against the appellant for damages on account of personal injuries claimed to have been received by the plaintiff by being struct by an automobile of the defendant’s on the streets of Birmingham.
The court did not err in overruling the demurrer to count B of the complaint. The count does not attempt to set out the facts constituting wanton conduct, but in accordance with the decision of this court, merely alleges that the injuries were received as the proximate consequence of “the wanton act of defendant’s servant or agent while acting within the line and scope…
2Cases cited9 opinions
- Hennessey v. TaylorMassachusetts Supreme Judicial Court · 1905
- Memphis & Charleston Railroad v. MartinSupreme Court of Alabama · 1897
- Alabama Great Southern Railroad v. BurgessSupreme Court of Alabama · 1896
- Birmingham Railway, Light & Power Co. v. WilliamsSupreme Court of Alabama · 1908
- Southern Railway Co. v. WeatherlowSupreme Court of Alabama · 1907
4 more not listed; retrieve them via the Exa API.
3Cited by35 opinions
- Cooper v. AgeeSupreme Court of Alabama · 1930
- Adler v. MartinSupreme Court of Alabama · 1912
- Reaves v. MaybankSupreme Court of Alabama · 1915
- Buffalo Rock Co. v. DavisSupreme Court of Alabama · 1934
- Ivy v. MarxSupreme Court of Alabama · 1920
30 more not listed; retrieve them via the Exa API.