Monarch Livery Co. v. Luck
Supreme Court of Alabama
Appeal from Birmingham City Court. Heard before Hon. Charles W. Ferguson. Action by George W. Luck against the Monarch Livery Company, a corporation, for damages for collision. Judgment for plaintiff, and defendant appeals.
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Appeal from Birmingham City Court. Heard before Hon. Charles W. Ferguson. Action by George W. Luck against the Monarch Livery Company, a corporation, for damages for collision. Judgment for plaintiff, and defendant appeals. Transferred from the Court of Appeals under Acts 1911, p. 149, § 6. The facts made by the complaint are that defendant was driving a horse and buggy upon a public street in the city of Birmingham, and that while plaintiff was in a vehicle to which a horse was attached, also upon the public streets, defendant’s horse and buggy ran into the vehicle in which plaintiff was,…
1Opinion of the CourtAnderson, J.
— ’While the proof in this case is by no means conclusive, or even very specific, as to the identity of the horse and buggy that collided with the plaintiff’s Avagon, or that the boy in control of the same Avas the servant of this defendant, yet the evidence Avas such as to enable the jury to infer that the horse and buggy belonged to Dr. Masterson and was in charge of a boy delegated by the defendant to take it to the OAvner, and who was boarding the said horse at the defendant’s stable. The jury could also infer that the boy was acting within the line or scope of his duty to deliver the…
2Cases cited2 opinions
- Birmingham R. L. & P. Co. v. SaxonSupreme Court of Alabama · 1912
- Alabama Great Southern Railroad v. RobinsonSupreme Court of Alabama · 1913
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