Jackson v. Vaughn
Supreme Court of Alabama
Appeal from Circuit Court, Jefferson County ; H. A. Sharpe, Judge. Action by Joseph V. Vaughn, Jr., pro ami, against F. M. Jackson, Jr., for damages for injuries sustained in an automobile collision. Judgment for the plaintiff, and defendant appeals.
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Appeal from Circuit Court, Jefferson County ; H. A. Sharpe, Judge. Action by Joseph V. Vaughn, Jr., pro ami, against F. M. Jackson, Jr., for damages for injuries sustained in an automobile collision. Judgment for the plaintiff, and defendant appeals. Count 2, as amended, reads as follows: Plaintiff claims of defendant $10,000 damages, for that heretofore, on, to wit, April 14, 1918, plaintiff was a traveler on a bicycle npon a public highway in the city of Birmingham, Ala., when he was run over, against, or upon by an automobile then and there being operated by said defendant, and plaintiff…
1Opinion of the CourtThomas, J.
Appropriate demurrer and assignment of error challenges the overruling of demurrer to count 2 as amended.
[1 ] The question presented for decision was introduced by the amendment of the count in striking therefrom, after the words “causing said automobile to run over plaintiff or upon plaintiff,” the words “knowing or having good reason to know that plaintiff would be injured thereby,” and inserting in lieu thereof the words “under such circumstances as that he knew that his conduct would likely or probably cause great personal injury to some one.” As to this, the duty to act being averred,…
2Cases cited25 opinions
- Miller v. WhittingtonSupreme Court of Alabama · 1918
- Morrison v. ClarkSupreme Court of Alabama · 1916
- Dwight Manufacturing Co. v. HolmesSupreme Court of Alabama · 1916
- Johnson v. Birmingham Railway L. & P. Co.Supreme Court of Alabama · 1907
- Birmingham & A. Ry. Co. v. CampbellSupreme Court of Alabama · 1919
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