Legal Opinion

Patterson v. Milligan

Alabama Court of Appeals

Decided November 10, 1914PublishedCited by 17 opinions

Automobile Accident. Appeal from Jefferson Circuit Court. Heard before Hon. C. B. Smith. Action by Tom Milligan against W. G. Patterson for injuries suffered in an automobile accident. Judgment for plaintiff and defendant appeals. Negligence of a plaintiff wbicb proximately contributes to bis injury bars bis right of recovery. — Ala. S. & W. Go. v. Tallant, 165 Ala. 521; 29 Cyc. 507; So.

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Automobile Accident. Appeal from Jefferson Circuit Court. Heard before Hon. C. B. Smith. Action by Tom Milligan against W. G. Patterson for injuries suffered in an automobile accident. Judgment for plaintiff and defendant appeals. Negligence of a plaintiff wbicb proximately contributes to bis injury bars bis right of recovery. — Ala. S. & W. Go. v. Tallant, 165 Ala. 521; 29 Cyc. 507; So. Ry. v. Morgan, 54 South. 626. The court erred in refusing the affirmative charge as to the first count. — L. & N. v. Smith, 163 Ala. 141; Anniston E. & G. Go. v. Rosen, 159 Ala. 195; Mobile L. cC- Ry. Go. v.…

1Opinion of the CourtThomas, J.

-The plaintiff, appellee here, while riding on his bicycle along or across a street in the city of Birmingham, was injured by a passing automobile. The complaint avers, among other things, that plaintiff’s “said injuries and damage were proximately caused by the negligence of the defendant’s servants or agents while acting within the- line and scope of their employment” in the operation of said automobile. At the conclusion of the evidence, the defendant requested the general affirmative charge, which was refused, and, after verdict and judgment against him, made a motion for a new trial,…

2Cases cited16 opinions

  1. Cobb v. MaloneSupreme Court of Alabama · 1890
  2. Louisville & Nashville Railroad v. Marbury Lumber Co.Supreme Court of Alabama · 1899
  3. Central Railroad & Banking Co. v. LetcherSupreme Court of Alabama · 1881
  4. Goforth v. StateSupreme Court of Alabama · 1913
  5. Roman v. LentzSupreme Court of Alabama · 1912

11 more not listed; retrieve them via the Exa API.

3Cited by17 opinions

  1. Ford v. HankinsSupreme Court of Alabama · 1923
  2. Penticost v. MasseySupreme Court of Alabama · 1917
  3. State Farm Mut. Auto. Ins. Co. v. General Mut. Ins. Co.Supreme Court of Alabama · 1968
  4. Shipp v. DavisAlabama Court of Appeals · 1932
  5. Maisel v. StateAlabama Court of Appeals · 1919

12 more not listed; retrieve them via the Exa API.

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