Alabama Power Co. v. Armour & Co.
Supreme Court of Alabama
Appeal from Circuit Court, Calhoun County ; J. J.' Curtis, Judge. Action by Armour & Co. against the Alabama Power Company, for damages for injury to an automobile in collision. Judgment for the plaintiff, and the defendant appealed. Transferred from Court of Appeals under Acts 1911, p. 449, § 6. There were two counts in the complaint, count 1 of simple negligence, and count 2 upon wanton misconduct.
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Appeal from Circuit Court, Calhoun County ; J. J.' Curtis, Judge. Action by Armour & Co. against the Alabama Power Company, for damages for injury to an automobile in collision. Judgment for the plaintiff, and the defendant appealed. Transferred from Court of Appeals under Acts 1911, p. 449, § 6. There were two counts in the complaint, count 1 of simple negligence, and count 2 upon wanton misconduct. At the request of the plaintiff the court gave the following written charge: “I charge you, gentlemen of the jury, that the plaintiff’s chauffeur’s contributory negligence which will bar recovery…
1Opinion of the CourtMiller, J.
Armour & Co. bring this suit against the Alabama Power Company for damages for injuries to an automobile of plaintiff’s in collision with a street car belonging to defendant. There was judgment of the court on verdict of the jury in favor of the plaintiff for $74.91, and defendant appeals.
On former appeal it was in the Court of Appeals. Armour & Co. v. Ala. Power Co., 17 Ala. App. 280, S4 South. 628.
[1] The errors from 1 to 9, insisted on by appellant, are based on the court refusing to hold a plea of set-off good, and contributory negligence pleas good, against a wanton count. The set-off…
2Cases cited17 opinions
- Tobler v. Pioneer Mining & Mfg. Co.Supreme Court of Alabama · 1909
- Miller v. StateSupreme Court of Alabama · 1894
- Louisville & Nashville Railroad v. YoungSupreme Court of Alabama · 1907
- Louisville & Nashville R. R. v. AbernathySupreme Court of Alabama · 1916
- Ward v. ReynoldsSupreme Court of Alabama · 1858
12 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Pennsylvania Threshermen & Farmers' Mutual Casualty Insurance v. MessengerCourt of Appeals of Maryland · 1943
- Liverpool London Globe Ins. Co. v. McCreeSupreme Court of Alabama · 1925
- Shideler v. TaylorMississippi Supreme Court · 1974
- Wright v. Capital Transit Co.District of Columbia Court of Appeals · 1943
- Alabama Power Co. v. KendrickSupreme Court of Alabama · 1929
7 more not listed; retrieve them via the Exa API.