Alabama City G. & A. Ry. Co. v. Lumpkin
Supreme Court of Alabama
Appeal from Gadsden City Court. Heard before Hon. John H. Disque. Action by J. F. Lumpkin against the Alabama City, Gadsden & Attalla Railway Company. From a judgment for plaintiff, defendant appeals.
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Appeal from Gadsden City Court. Heard before Hon. John H. Disque. Action by J. F. Lumpkin against the Alabama City, Gadsden & Attalla Railway Company. From a judgment for plaintiff, defendant appeals. Transferred from the Court of Appeals under section 6, p. 449, Acts of 1911. The following are defendant’s requested charges ordered to to be set out: (B) “The court charges the .jury that the motorman had the right to assume that the dog would not run so near the car as to be struck by the car until the movements of the dog indicated to the motorman that there was danger of the dog running on…
1Opinion of the Court
McCLELLAN, J.(1) The plaintiff’s (appellee’s) dog was killed by being run over by a street car in a public thoroughfare in the city of Gadsden. The court refused to give the jury the special instructions lettered B, C, and D, requested for the defendant. They will be set out in the report of the appeal. There was no error in this action of the court. These requests for instruction would predicate the inception, with respect to time and occasion, of the motorman’s duty, and in consequence, the measure of the care due in the event to be observed by the motorman, upon the judgment and acts of…
2Cases cited13 opinions
- Louisville & Nashville R. R. v. HollandSupreme Court of Alabama · 1911
- Louisville & Nashville Railroad v. YoungSupreme Court of Alabama · 1907
- Reaves v. MaybankSupreme Court of Alabama · 1915
- Anniston Electric & Gas Co. v. RosenSupreme Court of Alabama · 1909
- Moore v. Electric Co.Supreme Court of North Carolina · 1904
8 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Birmingham Southern R. Co. v. HarrisonSupreme Court of Alabama · 1919
- Ivy v. MarxSupreme Court of Alabama · 1920
- Mobile Light R. Co. v. NicholasSupreme Court of Alabama · 1936
- White Swan Laundry Co. v. WehrhanSupreme Court of Alabama · 1918
- Harrison v. Mobile Light R. Co.Supreme Court of Alabama · 1936
14 more not listed; retrieve them via the Exa API.