Chase Nursery Co. v. Bennett
Supreme Court of Alabama
Appeal from Circuit Court, Madison County; Robt. C. Brickell, Judge. Action by R. W. Bennett against the Chase Nursery Company and others for damages for personal injuries sustained in a collision between an automobile and a buggy. Judgment for plaintiff,, and defendants appeal. The appellate court has not renounced its duty to revise verdicts, where grave injustice has been done. 192 Ala. 515, 68 South. 346; 181 Ala. 565, 61 South. 914; 16 Ala.
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Appeal from Circuit Court, Madison County; Robt. C. Brickell, Judge. Action by R. W. Bennett against the Chase Nursery Company and others for damages for personal injuries sustained in a collision between an automobile and a buggy. Judgment for plaintiff,, and defendants appeal. The appellate court has not renounced its duty to revise verdicts, where grave injustice has been done. 192 Ala. 515, 68 South. 346; 181 Ala. 565, 61 South. 914; 16 Ala. App. 308, 77 South. 458; 116 Ala. 142, 23 South. 53; 171 Ala. 427, 55 South. 134. The evidence as to what Brandon said several months before the…
1Opinion of the CourtBrown, J.
This is an action by appellee against appellants, Chase. Nursery Company, a corporation, Henry B. Chase, and Robert Chase. The first and third counts of the complaint ascribe the injury to the negligence of the defendants’ servant or agent acting within the line and scope of his authority in the operation of the defendants’ automobile on a public highway. The second count charges:
“That on, to wit, about the 16th day of September, 1916, the defendant wantonly or willfully injured plaintiff by causing an automobile to run over or against a mule hitched to a buggy in which the plaintiff was…
2Cases cited4 opinions
- City Delivery Co. v. HenrySupreme Court of Alabama · 1903
- Southern Railway Co. v. YanceySupreme Court of Alabama · 1904
- Birmingham Southern Railroad v. GunnSupreme Court of Alabama · 1904
- Grand Lodge of Alabama, A. F. A. M. v. GoodwinSupreme Court of Alabama · 1920
3Cited by3 opinions
- Alabama Co. v. NorwoodSupreme Court of Alabama · 1924
- Alabama Power Co. v. GoochSupreme Court of Alabama · 1930
- McCraw v. CooperSupreme Court of Alabama · 1928