Louis Pizitz Dry Goods Co. v. Cusimano
Supreme Court of Alabama
Appeal rrom Circuit Court, Jefferson County; Richard V. Evans, Judge. Action by Tony Cusimano, by next friend, against the Louis Pizitz Dry Goods Company, a corporation, for damages for jiersonal injuries suffered in an automobile accident. Judgment for the plaintiff, and the defendant appeals.
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Appeal rrom Circuit Court, Jefferson County; Richard V. Evans, Judge. Action by Tony Cusimano, by next friend, against the Louis Pizitz Dry Goods Company, a corporation, for damages for jiersonal injuries suffered in an automobile accident. Judgment for the plaintiff, and the defendant appeals. O. P. Perrshall, having qualified as an expert witness, was asked the following question: “Assuming that a Eord truck is in good condition, and the brakes in good condition, running along a street, graveled street, without holes in it, and the brakes are in good condition. been tested that morning, and…
1Opinion of the CourtMiller, J.
‘Tony Cusimano, a minor, under six years of age, by his next friend, sues Louis Pizitz Dry Goods Company for injuries received from an automobile truck in the public streets of the city of Birmingham. which was being driven by a servant of the defendant.
There are two counts on which the case was submitted to the jury. Defendant pleaded the general issue — not guilty — to each. There was a verdict in favor of plaintiff, judgment thereon by the court, from which the defendant appeals.
The negligence averred in count 2 of the complaint, to which demurrers were assigned by defendant, and overruled…
2Cases cited17 opinions
- Amerson v. Corona Coal & Iron Co.Supreme Court of Alabama · 1915
- Birmingham Railway, Light & Power Co. v. FoxSupreme Court of Alabama · 1911
- Watson v. AdamsSupreme Court of Alabama · 1914
- Citizen's L. H. & P. Co. v. LeeSupreme Court of Alabama · 1913
- Reaves v. MaybankSupreme Court of Alabama · 1915
12 more not listed; retrieve them via the Exa API.
3Cited by39 opinions
- Cooper v. AgeeSupreme Court of Alabama · 1930
- J. H. Burton Sons Co. v. MaySupreme Court of Alabama · 1925
- Rose v. MagroSupreme Court of Alabama · 1929
- McGough Bakeries Corporation v. ReynoldsSupreme Court of Alabama · 1948
- Terre Haute, Etc., Traction Co. v. McDermottIndiana Court of Appeals · 1923
34 more not listed; retrieve them via the Exa API.