Edwards v. Earnest
Supreme Court of Alabama
Appeal from Circuit Court, Jefferson County; Romaine Boyd, Judge. Action by Venoah Earnest against W. S. Edwards, for damages for personal injuries sustained in an automobile accident. Judgment for plaintiff, and defendant appeals.
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Appeal from Circuit Court, Jefferson County; Romaine Boyd, Judge. Action by Venoah Earnest against W. S. Edwards, for damages for personal injuries sustained in an automobile accident. Judgment for plaintiff, and defendant appeals. The count based on the city ordinance was demurrable, in not averring that the ordinance was in full force and effect at that time (174 Ala. 631, 56 South. 578), and in averring the violation of the ordinance immediately before the happening of the accident (17 Ala. 89; 124 Ala. 681, 26 South. 252 ; 54 South. 426). Under the facts in this cáse the master was not…
1Opinion of the CourtGardner, J.
Mrs. Yenoah Earnest (plaintiff in the court bel($w), while walking near the intersection of Avenue F and Twenty-First street in the city of Birmingham, was struck by an automobile truck, the property of the defendant, and operated at the time by a young man named Robinson, who was then in defendant’s employ; and this suit was brought to recover damages for the injuries sustained. Plaintiff recovered a judgment in the sum of $5,000, from which defendant prosecutes this appeal.
The cause was tried upon counts 2 and 3, the general issue and plea of contributory negligence. Count 2, after averring…
2Cases cited19 opinions
- Birmingham Railway, Light & Power Co. v. GonzalezSupreme Court of Alabama · 1913
- Ritchie v. WallerSupreme Court of Connecticut · 1893
- Healey v. CockrillSupreme Court of Arkansas · 1918
- Reilly v. . ConnableNew York Court of Appeals · 1915
- Danforth v. FisherSupreme Court of New Hampshire · 1908
14 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- United States Fidelity & Guaranty Co. v. MillonasSupreme Court of Alabama · 1921
- Meyn v. Dulaney-Miller Auto Co.West Virginia Supreme Court · 1937
- Smith v. BaggettSupreme Court of Alabama · 1928
- J. H. Burton Sons Co. v. MaySupreme Court of Alabama · 1925
- Rinehart & Dennis Co. v. BrownSupreme Court of Virginia · 1923
29 more not listed; retrieve them via the Exa API.