Newman v. Lee

Appellee recovered a judgment against appellants for damages resulting from a collision between a car driven by plaintiff and a truck of defendants. The affirmative charge was not due defendants because of the failure to prove the existence of the partnership which the complaint alleged to exist between defendants, because there was no plea which required such proof. Section 7665, Code.

Though the violation of an ordinance may be negligence per se, it will not support an action for damages nor be a defense to one unless it proximately contributed to the injury. Watts v. Montgomery Traction…