Legal Opinion · Dissent

Alabama Power Company v. Guy

Supreme Court of Alabama

Decided November 9, 1967No. 1 Div. 121, 122Published

1DissentLawson, Justice

I entertain the view that the trial court erred in overruling those grounds of appellant’s demurrer directed to Counts One, Two and Three as finally amended which took the point that the count shows on its face that the negligence, if any, of the appellant was not the proximate cause of the injury to Joseph Guy; that his injury resulted from an independent, intervening, efficient cause, not reasonably foreseeable by appellant, the act of the Petrantis automobile running into the appellant’s electric light pole.

Generally, the question of proximate cause is for the jury. But when the facts are…

2Cases cited19 opinions

  1. Liberty National Life Insurance Company v. WeldonSupreme Court of Alabama · 1957
  2. Murray v. . R. R.Supreme Court of North Carolina · 1940
  3. Morgan Hill Paving Co. v. FonvilleSupreme Court of Alabama · 1928
  4. Louisville N. R. Co. v. MaddoxSupreme Court of Alabama · 1938
  5. Shirley v. . AyersSupreme Court of North Carolina · 1931

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