Excelsior Steam Laundry Co. v. Lomax
Supreme Court of Alabama
Appeal from Birmingham City Court. Heard before Hon. Charles A. Senn. Action by Carrie Lomax against Excelsior Steam Laundry Company for damages for injury alleged to have been caused in a collision with a runaway team belonging to said laundry, and left by one of its drivers unattended on the street in violation of a city ordinance. Judgment for plaintiff and defendant appeals, The court erred in giving the affirmative charge for the plaintiff.
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Appeal from Birmingham City Court. Heard before Hon. Charles A. Senn. Action by Carrie Lomax against Excelsior Steam Laundry Company for damages for injury alleged to have been caused in a collision with a runaway team belonging to said laundry, and left by one of its drivers unattended on the street in violation of a city ordinance. Judgment for plaintiff and defendant appeals, The court erred in giving the affirmative charge for the plaintiff. There was no evidence showing that the ordinance was in force at the time, and even if it was in force, the jury should have been permitted to…
1Opinion of the CourtSayre, J.
An .ordinance o,f the. city, of Birmingham reads thus: “Section 875. -. Leaving Horse Unattended. — Any person who .leaves any horse, mule or team standing attached, to any vehicle in the- streets without any person being in charge of said horse, mule •or team, except when being loaded and unloaded, must, •on conviction, be punished,” etc. The driver in charge of defendant’s laundry wagon.had left his team standing at the curb, and unattended, while he went into the second story of a building, 40 or 50 yards away 'and 30 feet from the sidewalk, to deliver some articles from the laundry. ■…
2Cases cited3 opinions
- Case v. Mayor of MobileSupreme Court of Alabama · 1857
- North Birmingham Street Railway Co. v. CalderwoodSupreme Court of Alabama · 1889
- Furhman v. Mayor of HuntsvilleSupreme Court of Alabama · 1875
3Cited by13 opinions
- Adler v. MartinSupreme Court of Alabama · 1912
- Guin v. City of TuscaloosaAlabama Court of Appeals · 1925
- Lane v. City of TuscaloosaAlabama Court of Appeals · 1914
- Payne v. RoySupreme Court of Alabama · 1921
- Hill v. CondonAlabama Court of Appeals · 1915
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