Schmidt v. Mobile Light R. Co.
Supreme Court of Alabama
Appeal from Circuit Court, Mobile County;. Joel W. Goldsby, Judge. Action by Christeen Schmidt against the-Mobile Light & Railroad Company for damages for injury to an automobile in a collision. Judgment for defendant, and plaintiff appeals.
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Appeal from Circuit Court, Mobile County;. Joel W. Goldsby, Judge. Action by Christeen Schmidt against the-Mobile Light & Railroad Company for damages for injury to an automobile in a collision. Judgment for defendant, and plaintiff appeals. Plea 3 as last amended is as follows: “(3) Eor further plea to the first count of the plaintiff’s complaint, the defendant says;That the chauffeur who was in charge of said automobile as the plaintiff’s agent and acting within the scope of his employment was himself guilty of negligence, in this, that he undertook to cross the defendant’s track in front…
1Opinion of the CourtThomas, J.
The suit was for damages, the result of collision between a street car and an automobile at a crossing of two streets in a populous section of the city of Mobile.
The complaint contained counts for simple negligence and for the willful and wanton conduct of defendant’s agents operating the street car. Defendant’s pleas were the general issue to the entire complaint and of contributory negligence to the first count. Demurrer was sustained to plea 2, and overruled to plea 3, as last amended. The reporter of decisions will set out this plea.
[1] The effect of our decisions is not that the…
2Cases cited26 opinions
- Birmingham Railway, Light & Power Co. v. GonzalezSupreme Court of Alabama · 1913
- Birmingham Railway, Light & Power Co. v. FoxSupreme Court of Alabama · 1911
- Adler v. MartinSupreme Court of Alabama · 1912
- Dwight Manufacturing Co. v. HolmesSupreme Court of Alabama · 1916
- Anniston Electric & Gas Co. v. RosenSupreme Court of Alabama · 1909
21 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Morgan Hill Paving Co. v. FonvilleSupreme Court of Alabama · 1928
- Boyette v. BradleySupreme Court of Alabama · 1924
- J. H. Burton Sons Co. v. MaySupreme Court of Alabama · 1925
- Arrick v. FanningAlabama Court of Appeals · 1950
- Burnett Bean v. MillerSupreme Court of Alabama · 1921
11 more not listed; retrieve them via the Exa API.