Legal Opinion

Massey v. Pentecost

Supreme Court of Alabama

Decided June 30, 1921No. 6 Div. 53PublishedCited by 28 opinions

Appeal from Circuit Court, Jefferson County; John C. Pugh, Judge. Action by S. Pentecost, as administrator of the estate of Pauline Pentecost, deceased, against Richard W. Massey. Judgment for the plaintiff, and defendant appeals.

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Appeal from Circuit Court, Jefferson County; John C. Pugh, Judge. Action by S. Pentecost, as administrator of the estate of Pauline Pentecost, deceased, against Richard W. Massey. Judgment for the plaintiff, and defendant appeals. The following is the complaint: “Count 1. The plaintiff, as administrator of the estate of Pauline Pentecost, deceased, claims of the defendant the sum of $15,000 as damages for that heretofore and on, to wit, the 10th day of December, 1913, the defendant owned an automobile which was being operated upon the streets of Birmingham, Jefferson county, Ala., by an agent…

1Opinion of the Court

MILLER, J. S.

Pentecost, as administrator of the estate of Pauline Pentecost, brings this suit under the homicide statute against Richard W. Massey for wrongfully causing the death of plaintiff’s intestate by running over her with an automobile in the public streets of Birmingham, Ala. It has been in this court twice. This is the third time, 201 Ala. 261, 77 South. 675; 202 Ala. 681, 81 South. 657.

There are two counts in the complaint! There were numerous demurrers to each. They were overruled by the court. Each count charges that defendant owned or operated an automobile; that hi.s agent or…

2Cases cited19 opinions

  1. Cross v. StateSupreme Court of Alabama · 1881
  2. Tobler v. Pioneer Mining & Mfg. Co.Supreme Court of Alabama · 1909
  3. Shipp v. SheltonSupreme Court of Alabama · 1915
  4. Ward v. StateSupreme Court of Alabama · 1856
  5. Dowdell v. BeasleySupreme Court of Alabama · 1920

14 more not listed; retrieve them via the Exa API.

3Cited by28 opinions

  1. Lewis v. MartinSupreme Court of Alabama · 1923
  2. Tullis v. BlueSupreme Court of Alabama · 1927
  3. Liverpool London Globe Ins. Co. v. LoweSupreme Court of Alabama · 1922
  4. Ford v. HankinsSupreme Court of Alabama · 1923
  5. Drummond v. DrummondSupreme Court of Alabama · 1924

23 more not listed; retrieve them via the Exa API.

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