Ward v. Meadows
Supreme Court of Alabama
Appeal from Circuit Court, Jefferson County; Horace C. Wilkinson, Judge. • Action by J. L. Ward against J. A. Meadows. Judgment for defendant, and plaintiff appeals. The appellant, Ward, sued appellee, Meadows, for damages for injuries received by him in a collision between himsqlf and the defendant’s automobile. The collision occurred in a public highway known as Juniper avenue in the city of Birmingham. The complaint contained three counts.
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Appeal from Circuit Court, Jefferson County; Horace C. Wilkinson, Judge. • Action by J. L. Ward against J. A. Meadows. Judgment for defendant, and plaintiff appeals. The appellant, Ward, sued appellee, Meadows, for damages for injuries received by him in a collision between himsqlf and the defendant’s automobile. The collision occurred in a public highway known as Juniper avenue in the city of Birmingham. The complaint contained three counts. The first count was for simple negligence, charging negligence in a general way in the operation of the automobile; the second count charged…
1Opinion of the CourtGardner, J.
[1] The first assignment of error presents for review the action of the court in giving the affirmative charge at the defendant’s request as to count 2. .This count specifically relies for recovery upon the negligence of defendant after he became aware of plaintiff’s peril, and negligently failing to use all means at his command to avoid the collision, when by the use thereof the accident could have been averted. The giving of this charge was therefore an instruction to the jury, in effect, that the plaintiff could not recover upon the theory of subsequent negligence.
We are persuaded this was…
2Cases cited1 opinion
- De Kalb County v. McClainSupreme Court of Alabama · 1918
3Cited by1 opinion
- Southern Ry. Co. v. GanttSupreme Court of Alabama · 1923