Legal Opinion

McCaa v. Thomas

Supreme Court of Alabama

Decided February 2, 1922No. 6 Div. 560PublishedCited by 18 opinions

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

  1. Grand Trunk Railway Co. v. IvesSupreme Court of the United States · 1892
  2. Georgia Cotton Co. v. LeeSupreme Court of Alabama · 1916
  3. Birmingham Railway, Light & Power Co. v. FoxSupreme Court of Alabama · 1911
  4. Morrison v. ClarkSupreme Court of Alabama · 1916
  5. Arndt v. City of CullmanSupreme Court of Alabama · 1902

22 more not listed; retrieve them via the Exa API.

3Cited by18 opinions

  1. J. H. Burton Sons Co. v. MaySupreme Court of Alabama · 1925
  2. Conway v. RobinsonSupreme Court of Alabama · 1927
  3. Giglio v. BarrettSupreme Court of Alabama · 1922
  4. Shepherd v. Gardner Wholesale, Inc.Supreme Court of Alabama · 1972
  5. Terry v. NelmsSupreme Court of Alabama · 1951

13 more not listed; retrieve them via the Exa API.

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