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…
1Opinion of the CourtBricken, J.
This is an action by Smith (appellee) against Stewart (appellant) for injuries alleged to have been sustained and proximately caused by Stewart’s alleged negligence in the operation of an automobile.
Tbe plaintiff’s version of the case is that he was driving a mule hitched to a buggy, about 8 or 9 o’clock at night, going in a northerly direction on the right-hand side of the road; that he heard an automobile blow, and when he got nearly to it his mule got scared and turned suddenly to the right, and the plaintiff was thrown out of his buggy and injured; he would not say positively that the…
2Cases cited1 opinion
- Walker v. Alabama, Tennessee & Northern Railway Co.Supreme Court of Alabama · 1915
3Cited by13 opinions
- Alabama Baptist Hospital Board v. CarterSupreme Court of Alabama · 1932
- William E. Harden, Inc. v. HardenAlabama Court of Appeals · 1940
- Williams v. Roche Undertaking Co.Supreme Court of Alabama · 1950
- Alabama Power Co. v. EmensSupreme Court of Alabama · 1934
- Wise v. SchneiderSupreme Court of Alabama · 1921
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