Legal Opinion

Norwood Transp. Co. v. Crossett

Supreme Court of Alabama

Decided February 9, 1922No. 6 Div. 566PublishedCited by 11 opinions

Appeal from Circuit Court, Jefferson County; Romaine Boyd, Judge. Action by George Crossett against the Nor-wood Transportation Company for damages for permanent personal injuries, suffered in an automobile collision. There was judgment for the plaintiff in the sum of $10,000, and the defendant appeals. Appellee was in the employ of the city of Birmingham as a fireman.

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Appeal from Circuit Court, Jefferson County; Romaine Boyd, Judge. Action by George Crossett against the Nor-wood Transportation Company for damages for permanent personal injuries, suffered in an automobile collision. There was judgment for the plaintiff in the sum of $10,000, and the defendant appeals. Appellee was in the employ of the city of Birmingham as a fireman. He was known as the “plugman,” and in answering the fire alarm he was supposed to ride on the rear of the fire truck, and attach the hose to the plug in case of a large fire. He had nothing whatever to do with the speed,…

1Opinion of the CourtGardner, J.

[1] The court is of the opinion count 1 as amended was not subject to the demurrer interposed. Its averments disclose that the plaintiff as a fireman for the city of Birmingham was at his post of duty on the fire truck, which was responding to a fire alarm, and was traveling upon the public highway of the city, where, under the ordinances of the city of Birmingham, it was given the right of way. Plaintiff, therefore, was in the discharge of his duties traveling on the public highway, and defendant owed him the duty not to negligently injure him.

[2] Where the fads stated are sufficient out of…

2Cases cited12 opinions

  1. Adler & Co. v. PruittSupreme Court of Alabama · 1910
  2. Southern Ry. Co. v. ArnoldSupreme Court of Alabama · 1909
  3. Pace v. Louisville & Nashville RailroadSupreme Court of Alabama · 1910
  4. Birmingham Railway, Light & Power Co. v. BushSupreme Court of Alabama · 1911
  5. Williams v. Anniston Electric & Gas Co.Supreme Court of Alabama · 1909

7 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. Boyette v. BradleySupreme Court of Alabama · 1924
  2. Smith v. BaggettSupreme Court of Alabama · 1928
  3. Alabama Produce Co. v. SmithSupreme Court of Alabama · 1932
  4. Try-Me Beverage Co. v. HarrisSupreme Court of Alabama · 1928
  5. Southern Ry. Co. v. GanttSupreme Court of Alabama · 1923

6 more not listed; retrieve them via the Exa API.

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