Reaves v. Maybank
Supreme Court of Alabama
Appeal from Talladega Circuit Court. Heard before Hon. Hugh D. Merrill. Action by G. W. Reaves against T. D. Maybank, for damages for the death of plaintiff’s son caused by an automobile collision. Prom a judgment for defendant, plaintiff appeals. The following are the assignments of error referred to in the opinion: (5) Oral charge of the court: “If defendant or his chauffeur did what ordinarily prudent men would have done on this occasion, there was no negligence.”
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Appeal from Talladega Circuit Court. Heard before Hon. Hugh D. Merrill. Action by G. W. Reaves against T. D. Maybank, for damages for the death of plaintiff’s son caused by an automobile collision. Prom a judgment for defendant, plaintiff appeals. The following are the assignments of error referred to in the opinion: (5) Oral charge of the court: “If defendant or his chauffeur did what ordinarily prudent men would have done on this occasion, there was no negligence.” (7) Written charge 2y2 given for defendant: The court charges the jury that it was the duty of defendant to exercise reasonable…
1Opinion of the CourtMcOLELLAN, J.
The automobile, a type of motor vehicle, is now a generally recognized means of conveyance of persons and things over the thoroughfares of this state. It is not in itself a nuisance; and, against its proper use or operation in the streets and highways of the state, the law, statutory or otherwise, raises no prohibition.(1) The automobile being a convenient, appropriate, and recognized instrument of conveyance and transportation, the public ways are open to its proper use, just as they are open to the proper use of other appropriate and recognized means of conveyance. While the proprietor of…
2Cases cited10 opinions
- Grand Trunk Railway Co. v. IvesSupreme Court of the United States · 1892
- Alabama Great Southern Railroad v. LinnSupreme Court of Alabama · 1893
- Barbour v. SheborSupreme Court of Alabama · 1912
- McCray v. SharpeSupreme Court of Alabama · 1914
- Choate v. Southern Railway Co.Supreme Court of Alabama · 1898
5 more not listed; retrieve them via the Exa API.
3Cited by50 opinions
- Quillen v. QuillenSupreme Court of Alabama · 1980
- Berkovitz v. American River Gravel Co.California Supreme Court · 1923
- Kilcrease v. HarrisSupreme Court of Alabama · 1972
- Thompson v. HavardSupreme Court of Alabama · 1970
- Birmingham Southern R. Co. v. HarrisonSupreme Court of Alabama · 1919
45 more not listed; retrieve them via the Exa API.