Spearman v. McCrary
Alabama Court of Appeals
Appeal from Walker Circuit Court. Heai'd before Hon. J. J. Curtis. Action by Annie McCrary against L. C. Spearman, for damages caused by the negligent operation of an automobile. Judgment for plaintiff and defendant appeals.
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Appeal from Walker Circuit Court. Heai'd before Hon. J. J. Curtis. Action by Annie McCrary against L. C. Spearman, for damages caused by the negligent operation of an automobile. Judgment for plaintiff and defendant appeals. The court erred in overruling the demurrers to the complaint. — Bloimt v. W. U. T. Co., 126 Ala. 105. The court erred in permitting it to be shown that the plaintiff fainted’or became sick after the alleged accident, as this was not an element of damage. —13 Cvc. 42. Charges 1 to 13 should have been given.— Blount n. W. U. T. Co., supra; 10 L. R. A. 464; 13 Cye. 45.…
1Opinion of the CourtWalker, P. J.
The injuries complained of Avere attributed by the averments of the several counts of the complaint to the fright or shock of the plaintiff (the appellee here) caused by the wrongful conduct of the defendant in his operation of an automobile on a public highway. Just before the occurrence complained of, the plaintiff and her husband had alighted from a buggy, draAvn by a mule, in Avhieh they were traveling Avith their four children. The averments of several of the counts sIioav that the defendant’s conduct in causing the mule to run away Avith the buggy containing two of the plaintiff’s small…
2Cases cited18 opinions
- Mitchell v. . Rochester Railway Co.New York Court of Appeals · 1896
- Spade v. Lynn & Boston RailroadMassachusetts Supreme Judicial Court · 1897
- Hill v. KimballTexas Supreme Court · 1890
- Purcell v. St. Paul City Ry. Co.Supreme Court of Minnesota · 1892
- Braun v. CravenIllinois Supreme Court · 1898
13 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Amaya v. Home Ice, Fuel & Supply Co.California Supreme Court · 1963
- Waube v. WarringtonWisconsin Supreme Court · 1935
- Bowman v. WilliamsCourt of Appeals of Maryland · 1933
- Parker v. NewmanSupreme Court of Alabama · 1917
- Resavage v. DaviesCourt of Appeals of Maryland · 1952
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