Legal Opinion

Perkins v. Galloway

Supreme Court of Alabama

Decided October 14, 1915PublishedCited by 32 opinions

Appeal from Gadsden City Court. Heard before Hon. John H. Disqite. Action by Ira Perkins, as administratrix of the estate of William Perkins, deceased, against Charles Galloway. Judgment for defendant, and plaintiff appeals.

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Appeal from Gadsden City Court. Heard before Hon. John H. Disqite. Action by Ira Perkins, as administratrix of the estate of William Perkins, deceased, against Charles Galloway. Judgment for defendant, and plaintiff appeals. Count AA is as follows: Plaintiff, as administratrix of the estate of William Perkins, deceased, claims of defendant the sum of $25,000 as damages for that on or about the 4th day of July, 1913, plaintiff’s intestate, while being carried as a passenger in an automobile owned by defendant, which automobile was then and there being run or operated by him along the Ashville…

1Opinion of the Court

THOMAS, J. —

The question presented by this appeal is the duty of the owner and driver of a motor car to use reasonable care in its operation, and not to unreasonably expose a guest to injury.(1) In Liggo v. Newbold, 23 Law Journal (1854) Exch. N. S. 108-110, the facts were: The plaintiff had hired a cart to convey her furniture. After placing thereon the load, the plaintiff and defendant’s driver got upon the cart. A wheel came off, and plaintiff and furniture were thrown therefrom, and plaintiff sustained by the fall a personal injury. Pollock, O. B., directed the jury that the defendant was…

2Cases cited40 opinions

  1. Little v. HackettSupreme Court of the United States · 1886
  2. Philadelphia & Reading Railroad v. DerbySupreme Court of the United States · 1853
  3. Brommer v. Pennsylvania R.Court of Appeals for the Third Circuit · 1910
  4. Kay v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1870
  5. Philadelphia, Wilmington & Baltimore Railroad v. HogelandCourt of Appeals of Maryland · 1886

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

3Cited by32 opinions

  1. Morgan Hill Paving Co. v. FonvilleSupreme Court of Alabama · 1928
  2. Higgins v. MasonNew York Court of Appeals · 1930
  3. Tennessee Central Railroad v. VanhoyTennessee Supreme Court · 1920
  4. Slaton v. HallSupreme Court of Georgia · 1929
  5. McGeever v. O'ByrneSupreme Court of Alabama · 1919

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

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