Parker v. Wilson
Supreme Court of Alabama
Appeal from Jefferson. Circuit Court. Heard before Hon. E. C. Crowe. Action by Wm. M. Parker, as administrator, against Cunningham Wilson for damages for the death of his intestate caused by a collision with the plaintiff’s automobile while being driven by a son of defendant. Judgment for defendant and plaintiff appeals. The case of Stowe v. Morris, 144 S. W. 52, is an authority which this court should look to in reference to the pending case.
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Appeal from Jefferson. Circuit Court. Heard before Hon. E. C. Crowe. Action by Wm. M. Parker, as administrator, against Cunningham Wilson for damages for the death of his intestate caused by a collision with the plaintiff’s automobile while being driven by a son of defendant. Judgment for defendant and plaintiff appeals. The case of Stowe v. Morris, 144 S. W. 52, is an authority which this court should look to in reference to the pending case. The plea'interposed was not a plea of not guilty and is an anomally in our practice and should have been stricken. — Section 5322, Code of 1907; Ware…
1Opinion of the CourtSayre, J.
Appellant sued for damages for the death of his intestate alleged to have been caused by the negligent operation of defendant’s automobile. Assignments of error are numerous, but the consideration of a few points will suffice to determine the appeal. Appellant seems to concede the fact, and it is beyond dispute, that defendant was not present at the accident which resulted in the death of intestate, but the machine was being driven along the street by his son, a young man then some 18 or 19 years of age. The trial' court gave the general affirmative charge for the defendant on the theory that…
2Cases cited11 opinions
- Daily v. MaxwellMissouri Court of Appeals · 1911
- Stowe v. MorrisCourt of Appeals of Kentucky · 1912
- Doran v. ThomsenSupreme Court of New Jersey · 1908
- Smith v. JordanMassachusetts Supreme Judicial Court · 1912
- Moon v. MatthewsSupreme Court of Pennsylvania · 1910
6 more not listed; retrieve them via the Exa API.
3Cited by77 opinions
- Crowell v. DuncanSupreme Court of Virginia · 1926
- Van Blaricom v. . DodgsonNew York Court of Appeals · 1917
- Arkin v. PageIllinois Supreme Court · 1919
- Tullis v. BlueSupreme Court of Alabama · 1927
- Buelke v. LevenstadtCalifornia Supreme Court · 1923
72 more not listed; retrieve them via the Exa API.