Patterson v. Milligan
Alabama Court of Appeals
Automobile Accident. Appeal from Jefferson Circuit Court. Heard before Hon. C. B. Smith. Action by Tom Milligan against W. G. Patterson for injuries suffered in an automobile accident. Judgment for plaintiff and defendant appeals. Negligence of a plaintiff wbicb proximately contributes to bis injury bars bis right of recovery. — Ala. S. & W. Go. v. Tallant, 165 Ala. 521; 29 Cyc. 507; So.
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Automobile Accident. Appeal from Jefferson Circuit Court. Heard before Hon. C. B. Smith. Action by Tom Milligan against W. G. Patterson for injuries suffered in an automobile accident. Judgment for plaintiff and defendant appeals. Negligence of a plaintiff wbicb proximately contributes to bis injury bars bis right of recovery. — Ala. S. & W. Go. v. Tallant, 165 Ala. 521; 29 Cyc. 507; So. Ry. v. Morgan, 54 South. 626. The court erred in refusing the affirmative charge as to the first count. — L. & N. v. Smith, 163 Ala. 141; Anniston E. & G. Go. v. Rosen, 159 Ala. 195; Mobile L. cC- Ry. Go. v.…
1DissentBrown, J.
(dissenting). — The plaintiff (appellee here) brought this action to recover damages for injuries inflicted upon him as a result of being stricken by an automobile while he Avas riding along one of the public streets of the city of Birmingham on a bicycle. At the conclusion of the evidence, the court refused the affirmative charge requested by the defendant, submitted the case to the jury, and the issues were determined by the jury in favor of the plaintiff. After a return of the verdict, the defendant made motion for a neAAr trial, Avhich was overruled. These two rulings of the court present…
2Cases cited26 opinions
- Cobb v. MaloneSupreme Court of Alabama · 1890
- Sprowl v. LawrenceSupreme Court of Alabama · 1859
- Mobile, Jackson & Kansas City R. R. v. BrombergSupreme Court of Alabama · 1904
- Hicks v. StoneSupreme Court of Minnesota · 1868
- Birmingham Railway, Light & Power Co. v. MurphyAlabama Court of Appeals · 1911
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