McCaa v. Thomas
Supreme Court of Alabama
Appeal from Circuit Court, Jefferson County; J. Q. Smith, Judge. Action by John H. McCaa against John H. Thomas for damages for personal injuries sustained in an automobile accident. Judgment for defendant, and plaintiff appealed. The collision was between a new Studebaker car, being driven by Thomas, and a motorcycle, being driven by McCaa.
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Appeal from Circuit Court, Jefferson County; J. Q. Smith, Judge. Action by John H. McCaa against John H. Thomas for damages for personal injuries sustained in an automobile accident. Judgment for defendant, and plaintiff appealed. The collision was between a new Studebaker car, being driven by Thomas, and a motorcycle, being driven by McCaa. The testimony was in conflict as to whether the right-hand hub and fender of the car, or the left-hand, was dented and bent; the preponderance going to show that the right-hand was dented and bent. There was also dispute in the evidence as to whether…
1Opinion of the CourtThomas, J.
The suit, for personal injury caused by, a collision between defendant’s automobilp and plaintiff’s motorcycle, resulted in a judgment for defendant. The complaint consisted of counts of simple negligence and for wantonness; the pleas were the general issue and contributory negligence.
[1] Assignments of error, not duly insisted upon in argument, will not be considered. Georgia Cotton Co. v. Lee, 196 Ala. 599, 72 South. 158.
[2] General rules of the road have been long recognized, and additional or auxiliary provisions, deemed necessary by the Legislature, have been added to meet the increasing…
2Cases cited27 opinions
- Grand Trunk Railway Co. v. IvesSupreme Court of the United States · 1892
- Georgia Cotton Co. v. LeeSupreme Court of Alabama · 1916
- Birmingham Railway, Light & Power Co. v. FoxSupreme Court of Alabama · 1911
- Morrison v. ClarkSupreme Court of Alabama · 1916
- Arndt v. City of CullmanSupreme Court of Alabama · 1902
22 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- J. H. Burton Sons Co. v. MaySupreme Court of Alabama · 1925
- Conway v. RobinsonSupreme Court of Alabama · 1927
- Giglio v. BarrettSupreme Court of Alabama · 1922
- Shepherd v. Gardner Wholesale, Inc.Supreme Court of Alabama · 1972
- Terry v. NelmsSupreme Court of Alabama · 1951
13 more not listed; retrieve them via the Exa API.