Renfroe v. Collins & Co.
Supreme Court of Alabama
Appeal from Circuit Court, Jefferson County ; John C. Pugh, Judge. Action by E. S. Renfroe against Collins & Co., a partnership, for damages for the death of James Renfroe. Judgment for defendant, and plaintiff appeals. The defendant filed the following pleas, which are directed to be set out: (1) Not guilty.
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Appeal from Circuit Court, Jefferson County ; John C. Pugh, Judge. Action by E. S. Renfroe against Collins & Co., a partnership, for damages for the death of James Renfroe. Judgment for defendant, and plaintiff appeals. The defendant filed the following pleas, which are directed to be set out: (1) Not guilty. (2) That plaintiff’s said son, James Renfroe, deceased, was himself guilty of negligence which proximately contributed to cause his said injury and death in this, the said James Renfroe was on roller skates on Nineteenth street at or near Tenth Avenne North, in the city of Birmingham,…
1Opinion of the CourtMcCLELLAN, J.
James Renfroe, a minor a few months under 12 years of age and a son of the plaintiff! (appellant) was killed as the immediate result of his head’s striking the paving of a public thoroughfare in the city of Birmingham. The hoy was on roller skates at the time. According to the plaintiff’s theory the boy was holding on, either to the side of the defendant’s (appellee’s) moving auto truck, or to the rear thereof, in order to be drawn along the paved way, on his skates, by the power of the truck. The complaint contained two counts; one ascribing the fatal injury to simple negligence, and the…
2Cases cited9 opinions
- Birmingham Railway & Electric Co. v. BowersSupreme Court of Alabama · 1895
- City of Chicago v. Gunning SystemIllinois Supreme Court · 1905
- Board of Commissioners v. Orr.Supreme Court of Alabama · 1913
- Louisville & Nashville Railroad v. YoungSupreme Court of Alabama · 1907
- Anniston Electric & Gas Co. v. RosenSupreme Court of Alabama · 1909
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3Cited by17 opinions
- Boyette v. BradleySupreme Court of Alabama · 1924
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- Grauer v. Alabama Great Southern R. Co.Supreme Court of Alabama · 1923
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