Terrill v. Walker
Alabama Court of Appeals
Appeal from Mobile Law and Equity Court. Heard before Hon. Saffold Berney. Action by Geneva Walker against J. D. Terrill for injury from collision witli her of an automobile. Judgment for plaintiff and defendant appeals.
Read the full summary
Appeal from Mobile Law and Equity Court. Heard before Hon. Saffold Berney. Action by Geneva Walker against J. D. Terrill for injury from collision witli her of an automobile. Judgment for plaintiff and defendant appeals. The complaint alleges, in effect, that the plaintiff was walking along or across the Old Shell road, a public highway, and the defendant was operating an automomile on said highway, and so negligently went about its operation and control of said automobile as to cause it to run over, upon, or against, plaintiff, causing her injuries, bruises, etc. The first two counts are in…
1Opinion of the Court
de GRAFFENRIED, J. —
1. A public highway is a road which every citizen has the right to use. “The fundamental idea of a highway is not only that it is public for free and unmolested passage thereon by all persons desiring to use it, but the use of a highway is not a privilege, but a right, limited by the rights of others, and to be exercised in a reasonable manner.”- — Radnor Tp. v. Bell, 27 Pa. Sup. Ct. 1, 5; The Law of Automobiles (2 Ed.) p. 88, § 3, note 15; Berry’s Automobile Law, § 114. The rights of footmen and drivers in the highway are equal, and both must exercise such care as…
2Cases cited15 opinions
- Cross v. StateSupreme Court of Alabama · 1881
- Adler v. MartinSupreme Court of Alabama · 1912
- Lide v. StateSupreme Court of Alabama · 1901
- Western Union Telegraph Co. v. KrichbaumSupreme Court of Alabama · 1902
- Birmingham Railway, Light & Power Co. v. BushSupreme Court of Alabama · 1911
10 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Shelby Iron Co. v. MorrowSupreme Court of Alabama · 1923
- Dozier v. WoodsSupreme Court of Alabama · 1914
- Norwood Hospital v. JonesSupreme Court of Alabama · 1926
- W & W Pickle & Canning Co. v. BaskinSupreme Court of Alabama · 1938
- Childers v. Samoset Cotton MillsSupreme Court of Alabama · 1926
3 more not listed; retrieve them via the Exa API.