Ray v. Brannan
Supreme Court of Alabama
Appeal from Mobile Law and Equity Court. Heard before Hon. Saffo'ld Berney. Action by Paul B. Ray against Thomas Brannan for damages for personal injuries suffered in an automobile accident. Judgment for defendant, and plaintiff appeals.
Read the full summary
Appeal from Mobile Law and Equity Court. Heard before Hon. Saffo'ld Berney. Action by Paul B. Ray against Thomas Brannan for damages for personal injuries suffered in an automobile accident. Judgment for defendant, and plaintiff appeals. Transferred from Court of Appeals, under section 6, p. 449, Acts 1911. The complaint charges: First that the servant of defendant so negligently drove defendant’s car as to collide with plaintiff’s car at the intersection of Warren and Government streets in the city of Mobile; and, second, that said collision was due to the failure of said servant to keep…
1Opinion of the Court
SOMERVILLE, J.(1) The written charge given to the jury at the defendant’s request was, in effect, an affirmative instruction to find for the defendant. The proposition of law it declares is that, since vehicles traveling on Government street have the “right of way” at the crossing over vehicles traveling on Warren street, a vehicle on Warren street must at its peril avoid collision with a vehicle on Government street, no matter how carefully and lawfully the former, and no matter how recklessly and unlawfully the latter, may be traveling.
This is not sound law, and the “right of way” ordinance…
2Cases cited4 opinions
- Louisville & Nashville Railroad v. MothershedSupreme Court of Alabama · 1892
- Weatherly v. Nashville, Chattanooga & St. Louis RailwaySupreme Court of Alabama · 1909
- Alabama Great Southern Railroad v. RoachSupreme Court of Alabama · 1895
- Alabama Great Southern Railroad v. McDanielSupreme Court of Alabama · 1915
3Cited by30 opinions
- McCulley v. AndersonNebraska Supreme Court · 1929
- J. H. Burton Sons Co. v. MaySupreme Court of Alabama · 1925
- Ramp v. OsborneOregon Supreme Court · 1925
- Feore v. TrammelSupreme Court of Alabama · 1924
- Groome v. . DavisSupreme Court of North Carolina · 1939
25 more not listed; retrieve them via the Exa API.