Wise v. Schneider
Supreme Court of Alabama
Appeal from Circuit Court, Cullman County; O. Kyle, Judge. Action by Fred Schneider, administrator of I-Ienry K. Schneider, deceased, against Tony Wise and others, for death of plaintiff’s intestate in an automobile collision. Judgment for plaintiff, and defendants appeal.
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Appeal from Circuit Court, Cullman County; O. Kyle, Judge. Action by Fred Schneider, administrator of I-Ienry K. Schneider, deceased, against Tony Wise and others, for death of plaintiff’s intestate in an automobile collision. Judgment for plaintiff, and defendants appeal. Transferred from Court of Appeals under Acts 1911, p. 449, § 6. The affirmative charge should have been given for the defendant. 202 Ala. 252, SO South. 90; 175 Ala. 108, 56 South. 984; 197 Ala. 473, 73 South. 33; 20 R. C. L. 194. The question to the witness Davis as to his duty in turning a corner was objectionable. 188…
1Opinion of the CourtSomerville, J.
Count 1 of the complaint, upon which the cause was submitted to the jury, charged that the defendant Davis, an employé of the other defendants Wise and Patillo, while acting within the line and scope of his employment, “so negligently run an automobile belonging to said Wise and Patillo, a partnership) as aforesaid, in a public street in the city of Cullman, Ala., as that it run over, upon or against plaintiff’s intestate and killed him.”
[1] Plaintiff offered evidence tending to show that Davis, who was driving the car, was intoxicated at the time. Such intoxication of itself furnishes no…
2Cases cited3 opinions
- Stewart v. SmithAlabama Court of Appeals · 1918
- Lincoln Taxicab Co. v. SmithNew York Supreme Court · 1914
- Sylvester v. GraySupreme Judicial Court of Maine · 1919
3Cited by14 opinions
- Southwestern Bell Telephone Co. v. FerrisCourt of Appeals of Texas · 1935
- Tyler v. DrennenSupreme Court of Alabama · 1951
- Davis v. RadneySupreme Court of Alabama · 1949
- Brown Oil Tools, Inc. v. SchmidtMississippi Supreme Court · 1963
- Harrison v. Mobile Light R. Co.Supreme Court of Alabama · 1936
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