Adler v. Martin
Supreme Court of Alabama
¡Appeal from Jefferson Circuit Court. Heard before Hon. A. O. Lane. Action by E. L. Martin, as administrator, against'S. M. Adler. Judgment for plaintiff, and defendant appeals. Plaintiff’s intestate, a man 29 years of age, was killed about 10 a. m. on May 7, 1910, on Twenty-First Street Bridge, in the city of Birmingham, by an automobile belonging to tbe defendant, and driven by defendant’s servant.
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¡Appeal from Jefferson Circuit Court. Heard before Hon. A. O. Lane. Action by E. L. Martin, as administrator, against'S. M. Adler. Judgment for plaintiff, and defendant appeals. Plaintiff’s intestate, a man 29 years of age, was killed about 10 a. m. on May 7, 1910, on Twenty-First Street Bridge, in the city of Birmingham, by an automobile belonging to tbe defendant, and driven by defendant’s servant. Counts 1 and 4 of the complaint charge that defendant’s servant in charge of the machine negligently caused or allowed it to be run upon and against intestate, thereby causing his death. Count 2…
1Opinion of the CourtSomerville, J.
As illustrative of the manner and circumstances of intestate’s death, the testimony of plaintiff’s principal witness, E. H. Coxe, shows the following salient facts: Witness was crossing the bridge in an automobile going south, and first saw intestate and defendant’s automobile when witness was 75 or 100 feet from the first large truss on the north side. Intestate stepped out from the eastern sidewalk, *108between the uprights and the girder, and was walking diagonally across the bridge in the same general direction that defendant’s automobile was going. When intestate left the sidewalk, he was 30…
2Cases cited25 opinions
- Hennessey v. TaylorMassachusetts Supreme Judicial Court · 1905
- Memphis & Charleston Railroad v. MartinSupreme Court of Alabama · 1897
- Barker v. . SavageNew York Court of Appeals · 1871
- Alexander v. WheelerSupreme Court of Alabama · 1881
- Moebus v. . HerrmannNew York Court of Appeals · 1888
20 more not listed; retrieve them via the Exa API.
3Cited by51 opinions
- Moran v. GatzIllinois Supreme Court · 1945
- Wine v. JonesSupreme Court of Iowa · 1917
- Walmer-Roberts v. HennesseySupreme Court of Iowa · 1921
- Aiken v. MetcalfSupreme Court of Vermont · 1916
- Ivy v. MarxSupreme Court of Alabama · 1920
46 more not listed; retrieve them via the Exa API.