Taylor v. Lewis
Supreme Court of Alabama
Appeal from Circuit Court, Randolph County; S. L. Brewer, Judge. Action by Luther Lewis against R. E. Taylor for damages for the death of his son caused by being struck by an automobile. Judgment for plaintiff, and defendant appeals.
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Appeal from Circuit Court, Randolph County; S. L. Brewer, Judge. Action by Luther Lewis against R. E. Taylor for damages for the death of his son caused by being struck by an automobile. Judgment for plaintiff, and defendant appeals. Count 1 is as follows: The plaintiff claims of the defendant the sum of $10,000, damages for this, to wit: Plaintiff avers that he is and was a resident citizen of Randolph county, Ala., on or about December 27, 1919, and that he is and was the father of Woodrow Lewis, who was upon said date of December 27, 1919, his minor child of about six years, and plaintiff…
1Opinion of the CourtMiller, J.
This is a suit by Luther Lewis against R. E. Taylor for a wrongful act causing death of plaintiff’s six year old child.
[1] Count 1 of the complaint avers that the defendant or his agent or servant, or his minor son, Emmitt Taylor, who was under the control of R. E. Taylor, did negligently or carelessly or recklessly run an automobile over his son, Woodrow Lewis, thereby killing him. It fails to aver that .the agent or servant or son of the defendant was each acting, at the time of doing the wrongful act, within the line and scope of his employment. Erom these averments it does not appear…
Also in this document: Concurrence.
2Cases cited9 opinions
- Best Park & Amusement Co. v. RollinsSupreme Court of Alabama · 1915
- Louisville & Nashville Railroad v. OrrSupreme Court of Alabama · 1898
- Kuykendall v. EdmondsonSupreme Court of Alabama · 1921
- B'ham Ry. L. & P. Co. v. NicholasSupreme Court of Alabama · 1913
- Birmingham Railway & Electric Co. v. JacksonSupreme Court of Alabama · 1902
4 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Blount Brothers Construction Company v. RoseSupreme Court of Alabama · 1962
- J. H. Burton Sons Co. v. MaySupreme Court of Alabama · 1925
- Jones v. KeithSupreme Court of Alabama · 1931
- Jack Cole, Inc. v. WalkerSupreme Court of Alabama · 1941
- Navco Hardwood Co. v. BassSupreme Court of Alabama · 1925
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