Hood & Wheeler Furniture Co. v. Royal
Supreme Court of Alabama
Appeal from Circuit Court, Jefferson County ; C. B. Smith, Judge. Action by Eulass Royal, by next friend, against the Hood & Wheeler Furniture Company. Judgment for plaintiff, and defendant appeals.
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Appeal from Circuit Court, Jefferson County ; C. B. Smith, Judge. Action by Eulass Royal, by next friend, against the Hood & Wheeler Furniture Company. Judgment for plaintiff, and defendant appeals. The following charges were refused to defendant: (3) If the jury believe all the evidence in this case, they cannot find a verdict for plaintiff under the second count of the complaint (the warn ton count). (5) The court charges the jury that the use of highways and streets must be extended to meet the modern innovation of rapid locomotion. (7) The court charges the jury that, where automobiles…
1Opinion of the CourtSayre, J.
[1-3] Appellants (defendants) demurred to the fourth count of the complaint. The demurrer was properly overruled. The count was grounded upon an alleged violation of an ordinance of the city of Birmingham which provides, substantially, that it shall be unlawful to operate or run any motor vehicle upon the public highways in the city of Birmingham recklessly or at a rate of speed greater than is reasonable and proper, having regard to the width, traffic, and use of the highway, or so as to endanger property or the life or limb of any person. In so far as the ordinance provides a rule of…
2Cases cited9 opinions
- Cobb v. MaloneSupreme Court of Alabama · 1890
- Government Street R. R. v. HanlonSupreme Court of Alabama · 1875
- Sheffield Co. v. HarrisSupreme Court of Alabama · 1912
- Barbour v. SheborSupreme Court of Alabama · 1912
- Birmingham Ry. L. & P. Co. v. LandrumSupreme Court of Alabama · 1907
4 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- People v. GroganNew York Court of Appeals · 1932
- Ex Parte DanielsCalifornia Supreme Court · 1920
- Commonwealth v. PentzMassachusetts Supreme Judicial Court · 1924
- State v. LingmanUtah Supreme Court · 1939
- Aplin v. DeanSupreme Court of Alabama · 1935
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