Dane v. Mayor of Mobile
Supreme Court of Alabama
Appeal from the Circuit Court of Mobile. Tried before the Hon. C. W. Rapier. The appellant in this case was prosecuted, before the mayor of the city of Mobile, for an alleged violation of the municipal ordinance which requires public carriages to be lighted when on duty by night; and was fined ¡$10. He removed the case, by certiorari, to the circuit court, where, as the bill of exceptions shows, the following evidence was adduced: “ The plaintiff introduced as a witness one…
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Appeal from the Circuit Court of Mobile. Tried before the Hon. C. W. Rapier. The appellant in this case was prosecuted, before the mayor of the city of Mobile, for an alleged violation of the municipal ordinance which requires public carriages to be lighted when on duty by night; and was fined ¡$10. He removed the case, by certiorari, to the circuit court, where, as the bill of exceptions shows, the following evidence was adduced: “ The plaintiff introduced as a witness one M. D. Cleveland, a police officer of the city, who testified, that his brother and another person, who were not…
1Opinion of the CourtE. W. Walkee, J.
By an ordinance of the city of Mobile it is provided, that the lamps of every carriage, hack, or cab kept for hire, “ shall be lighted every night, moonlight or dark, at dusk, and continue so lighted, while in the streets or elsewhere, on hire ; under penalty of not less than five, nor more than fifty dollars, to be imposed on the owner or driver.” — Municipal Laws of Mobile, 105, § 86. The effect of this ordinance is to make the owner of a cab liable for the failure of his driver to keep the lamps lighted. Consequently, it is no answer to this proceeding, that Dane was not present, and had…
2Cited by5 opinions
- Ex parte BuckleySupreme Court of Alabama · 1875
- Bonner v. StateSupreme Court of Alabama · 1876
- Marlowe v. BenaghSupreme Court of Alabama · 1875
- Totten & Brother v. Sale & Co.Supreme Court of Alabama · 1882
- Tomlin v. Mayor of BirminghamSupreme Court of Alabama · 1895