Legal Opinion

Dozier v. Woods

Supreme Court of Alabama

Decided November 7, 1914PublishedCited by 14 opinions

Appeal from Montgomery Circuit Court. Heard before Hon. W. W. Pearson. Action by -Lula Woods against George Dozier for damages for being struck by an automobile. Judgment for plaintiff in tbe sum of $150, and defendant appeals. Transferred from Court of Appeals. Tbe first count states that defendant was in,charge of an automobile, and did negligently run said automobile upon or against plaintiff, wbo was then and there on tbe Mt.

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Appeal from Montgomery Circuit Court. Heard before Hon. W. W. Pearson. Action by -Lula Woods against George Dozier for damages for being struck by an automobile. Judgment for plaintiff in tbe sum of $150, and defendant appeals. Transferred from Court of Appeals. Tbe first count states that defendant was in,charge of an automobile, and did negligently run said automobile upon or against plaintiff, wbo was then and there on tbe Mt. Meigs road, a public road or highway in said county, and by reason of said negligence, and as a proximate consequence thereof, plaintiff received personal injuries,…

1Opinion of the Court

de GRAFFENRIED, J.—(1) Travelers upon a public highway owe a duty to- others traveling upon such highway, and that duty .requires them to so reasonably conduct themselves in the use of the highway as that they will not injure others who are also traveling upon such highway.(2) In this case each simple negligence count shows that the defendant was traveling in an automobile upon a public highway, and that the plaintiff was lawfully walking along such highway. The law therefore cast the duty on the defendant to drive his automobile in such reasonable way as not to injure the defendant. Each…

2Cases cited4 opinions

  1. Adler v. MartinSupreme Court of Alabama · 1912
  2. Bates v. HarteSupreme Court of Alabama · 1899
  3. Sloss-S. S. & I. Co. v. WeirSupreme Court of Alabama · 1913
  4. Terrill v. WalkerAlabama Court of Appeals · 1912

3Cited by14 opinions

  1. Lawson v. FordyceSupreme Court of Iowa · 1945
  2. Southern Express Co. v. RosemanSupreme Court of Alabama · 1921
  3. BARBER PURE MILK COMPANY v. HolmesSupreme Court of Alabama · 1955
  4. Schmidt v. Mobile Light R. Co.Supreme Court of Alabama · 1920
  5. Simon v. GoodmanSupreme Court of Alabama · 1943

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