Carter v. Alman

WRIGHT, Judge.

Plaintiff-appellant brought suit against defendant-appellee for damages to her automobile resulting from a collision with one of defendant’s cows on a public highway. The complaint as amended, in response to the requirements of Title 3, Section 79, Code of Alabama 1940, charged that plaintiff’s damage proximately resulted from defendant knowingly or wilfully placing his cattle upon the highway.

The legislature in its enactment of Title. 3, Section 79, Code of Alabama 1940, placed restrictions upon the right of action for damages by a motorist against the owner of cattle when…