Thomas v. Hackney
Supreme Court of Alabama
Appeal from Birmingham City Court. Heard before Hon. John C. Pugh. Assumpsit by J. T. Hackney against Fred Thomas. Judgment for plaintiff, and defendant appeals. Transferred from the Court of Appeals under section G, p. 449, Acts 1911. The complaint is for work and labor done and upon an account stated.
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Appeal from Birmingham City Court. Heard before Hon. John C. Pugh. Assumpsit by J. T. Hackney against Fred Thomas. Judgment for plaintiff, and defendant appeals. Transferred from the Court of Appeals under section G, p. 449, Acts 1911. The complaint is for work and labor done and upon an account stated. Defendant set up that plaintiff had possession of an automobile, the property of defendant, as bailee, to repair the same, and while in such possession had the car on the public streets of Birmingham, Ala., operating the same for his o wn purposes, at which time the said car was run into by…
1Opinion of the Court
ANDERSON, C. J.(1) The plaintiff received the car from the defendant to repair same gratuitously, and the proof shows that it was injured while he was riding in same for the purpose of ascertaining whether or not the repairs he undertook to make, and had made, were successful. If this was true, and which is not disputed, the trial trip was hut incidental to the repair, and the said trial trip Avas solely in the interest of and for the benefit of the defendant, the oAvner of the car; and plaintiff was, at the time of the collision and injury, still a bailee of the defendant, for his sole…
2Cases cited2 opinions
- Seals v. EdmondsonSupreme Court of Alabama · 1882
- Haynie v. Waring & Co.Supreme Court of Alabama · 1856
3Cited by14 opinions
- Buchanan v. ByrdTexas Supreme Court · 1975
- Trammell v. WhitlockTexas Supreme Court · 1951
- Ridgely Operating Co. v. WhiteSupreme Court of Alabama · 1933
- Wurtzburger v. OglesbySupreme Court of Alabama · 1930
- Bain v. CulbertSupreme Court of Alabama · 1923
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