Salter v. Carlisle
Supreme Court of Alabama
Appeal from Circuit Court, Montgomery County; Leon McCord, Judge. Action by Luta P. Salter against M. S. Carlisle for damages for injuries growing out of an automobile collision. Judgment for the defendant, and the plaintiff appeals. The following charges were given* at the request of the defendant: (10) If the plaintiff was negligent in the least bit, which contributed proximately to her injuries, then she could npt recover.
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Appeal from Circuit Court, Montgomery County; Leon McCord, Judge. Action by Luta P. Salter against M. S. Carlisle for damages for injuries growing out of an automobile collision. Judgment for the defendant, and the plaintiff appeals. The following charges were given* at the request of the defendant: (10) If the plaintiff was negligent in the least bit, which contributed proximately to her injuries, then she could npt recover. (14) If the plaintiff was guilty of negligence in' the least degree, which proximately contributed to her injury, then they cannot find a verdict for the plaintiff. (15)…
1Opinion of the CourtSayre, J.
Plaintiff, appellant, sued for damages alleged to 'have been caused by the negligence or wantonness of defendant in running an automobile against plaintiff in a public street of the city of Montgomery. The complaint contained counts for simple (original) negligence, wantonness, and subsequent negligence; that is, in the counts of the last-' named class, that defendant, after knowledge of the fact that plaintiff was in peril, negligently failed to use proper means to avoid injuring her.
[1] Very clearly, so far as concerns the count for simple original negligence, plaintiff was guilty of…
2Cases cited4 opinions
- Birmingham Railway, Light & Power Co. v. FoxSupreme Court of Alabama · 1911
- Ivy v. MarxSupreme Court of Alabama · 1920
- Birmingham Railway, Light & Power Co. v. BynumSupreme Court of Alabama · 1903
- Ex Parte Mobile Light R. Co.Supreme Court of Alabama · 1918
3Cited by20 opinions
- Godfrey v. VinsonSupreme Court of Alabama · 1926
- Cooper v. AgeeSupreme Court of Alabama · 1930
- Mi-Lady Cleaners v. McDanielSupreme Court of Alabama · 1938
- McCaleb v. ReedSupreme Court of Alabama · 1932
- Christ v. SpizmanAlabama Court of Appeals · 1948
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