Stewart v. Smith
Alabama Court of Appeals
Appeal from Law and Equity Court, Morgan County; Thomas W. Wert, Judge. Action by John R. Smith against Wiley Stewart for damages for personal injury. Judgment for plaintiff, and defendant appeals. The facts sufficiently appear.
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Appeal from Law and Equity Court, Morgan County; Thomas W. Wert, Judge. Action by John R. Smith against Wiley Stewart for damages for personal injury. Judgment for plaintiff, and defendant appeals. The facts sufficiently appear. The following charges were refused to defendant: (10) If you are reasonably convinced that at the time of the accident plaintiff was drunk, and because of this fact, if it be a fact, the accident occurred, and' that it would not have occurred but for plaintiff being drunk, your verdict should be for defendant. (11) If you fiud that plaintiff was drunk or asleep in his…
1Concurrence 1
On Rehearing.
2Concurrence · BrownBrown, P. J.
I concur in the reversal for thq reasons following:
[5] In actions to recover damages resulting from negligence, it is incumbent upon the plaintiff to show that the defendant owed him a duty, that there was a breach of such duty, and that as a proximate consequence plaintiff suffered the injury of which he complains. While general averments as to the breach of the duty such as that the act or omission causing the injury was negligently done .or omitted will suffice, a complaint, to withstand appropiate demurrer, must state facts upon .which the law raises and defines the duty…
3Cases cited20 opinions
- Birmingham Railway, Light & Power Co. v. FoxSupreme Court of Alabama · 1911
- Glass v. Memphis & Charleston RailroadSupreme Court of Alabama · 1891
- Kansas City, Memphis & Birmingham Railroad v. BurtonSupreme Court of Alabama · 1892
- Richmond & Danville Railroad v. FarmerSupreme Court of Alabama · 1892
- Scharfenburg v. Town of New DecaturSupreme Court of Alabama · 1908
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