Legal Opinion

Fielder v. Tipton

Supreme Court of Alabama

Decided December 20, 1906PublishedCited by 7 opinions

Appeal from Mobile Circuit Court. Heard before Hon. Samuel B. Browne. Action by Frankie Tipton against John W. Fielder. From a judgment in favor of plaintiff, defendant appeals.

Read the full summary

Appeal from Mobile Circuit Court. Heard before Hon. Samuel B. Browne. Action by Frankie Tipton against John W. Fielder. From a judgment in favor of plaintiff, defendant appeals. The third count is in the following language: Plaintiff claims of the defendant the further sum of SI,000. for that heretofore, to-wit, the 25th day of April, 1903, said plaintiff avers Avhile on the sidewalk on State street, at a point betAveen Joachim and Conception street, and as a pedestrian on said sidewalk, the- defendant, who was at said time and place riding a bicycle, did then and there run said bicycle upon…

1Opinion of the Court

SIMPSON, J. —

This was an action for damages on account of injuries claimed to have been received by the plaintiff (appellee) on a sidewalk in Mobile, from being run against by the defendant (appellant) while riding on a bicycle along said sidewalk. The assignments of error, are to the rulings of the court on deniurrérs to counts ,of. the complaint and to giving and refusing charges.

The third count of the complaint, -as amended, avers that complainant was on the sidewalk as a pedestrian, and that the defendant, riding on a-bicycle; ran the .saixxe on and against her, thereby causing the injury…

2Cases cited4 opinions

  1. Mercer v. CorbinIndiana Supreme Court · 1889
  2. Highland Avenue & Belt Railroad v. SouthSupreme Court of Alabama · 1896
  3. Lee v. City of Port HuronMichigan Supreme Court · 1901
  4. Purple v. Inhabitants of GreenfieldMassachusetts Supreme Judicial Court · 1884

3Cited by7 opinions

  1. Mills v. Court of Com'rsSupreme Court of Alabama · 1920
  2. Hill v. ReavesSupreme Court of Alabama · 1932
  3. Foreman v. Western Union Telegraph Co.Court of Appeals of Kentucky (pre-1976) · 1929
  4. American Bolt Co. v. FennellSupreme Court of Alabama · 1908
  5. City of Florence v. StackSupreme Court of Alabama · 1963

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API