Barker v. Dairymen's Milk Products Co.
Supreme Court of Alabama
Appeal from Circuit Court, Calhoun County ; Hugh D. Merrill, Judge. Action, by Leonard Bell Barker, by next friend, against the Dairymen’s Milk Products Company, for damages for injury alleged to have been inflicted by one of defendant’s trucks.
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Appeal from Circuit Court, Calhoun County ; Hugh D. Merrill, Judge. Action, by Leonard Bell Barker, by next friend, against the Dairymen’s Milk Products Company, for damages for injury alleged to have been inflicted by one of defendant’s trucks. On account of rulings on the pleading, plaintiff took a nonsuit and appealed Suit by plaintiff, a mirior eight years of age, against the defendant to recover damages for injuries alleged to have been received from falling off the truck of defendant and operated by defendant’s servant. The defendant interposed certain special pleas, and the court…
1Opinion of the CourtGardner, J.
The issues presented by the pleadings will sufficiently appear in the statement of the case. The complaint alleges that plaintiff, a small boy, was invited or induced by defendant’s chauffeur to ride upon the defendant’s truck, which the servant was then operating in the delivery of merchandise for the defendant, and that he fell therefrom, receiving injuries as the result of the negligence of the chauffeur. The defense set up is that the chauffeur, in inviting the plaintiff to ride upon the truck, was acting without the line and scope of his authority, and without the defendant’s knowledge…
2Cases cited13 opinions
- Cook v. Houston Direct Navigation Co.Texas Supreme Court · 1890
- Republic Iron & Steel Co. v. SelfSupreme Court of Alabama · 1915
- Driscoll v. ScanlonMassachusetts Supreme Judicial Court · 1896
- Bowler v. O'ConnellMassachusetts Supreme Judicial Court · 1894
- Wells v. Henderson Land & Lumber Co.Supreme Court of Alabama · 1917
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3Cited by14 opinions
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