McGeever v. O'Byrne
Supreme Court of Alabama
Appeal from Circuit Court, Jefferson County; John H. Miller, Judge. Action by H. P. McGeever against Fallon O’Byrne for damages for injuries resulting from an automobile collision. Judgment for defendant, and plaintiff appeals. Plaintiff was injured by being thrown from defendant’s motorcar while riding therein as defendant’s guest; the car at the time being on the crossing of Sixth avenue at Twentieth street in the city of Birmingham.
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Appeal from Circuit Court, Jefferson County; John H. Miller, Judge. Action by H. P. McGeever against Fallon O’Byrne for damages for injuries resulting from an automobile collision. Judgment for defendant, and plaintiff appeals. Plaintiff was injured by being thrown from defendant’s motorcar while riding therein as defendant’s guest; the car at the time being on the crossing of Sixth avenue at Twentieth street in the city of Birmingham. The car was being driven by defendant at a speed of about 40 miles an hour on one of the main thoroughfares and crossings of the city, which was constantly…
1Opinion of the CourtSomerville, J.
The evidence in this case shows without dispute that the defendant, O’Byrne, was guilty of gross negligence in driving his motorcar, loaded with passengers who were his invited guests, at a speed of approximately 40 miles an hour over a crossing of two of the main thoroughfares of the city of Birmingham. It appears also, without the possibility of any conflicting inference, that this reckless misconduct was the proximate cause of the collision with another car, which resulted in the plaintiffs injury.
The liability of the driver of a vehicle to a passenger guest for injury resulting from his…
2Cases cited14 opinions
- Shultz v. Old Colony Street Railway Co.Massachusetts Supreme Judicial Court · 1907
- Powell v. BerrySupreme Court of Georgia · 1916
- Tobler v. Pioneer Mining & Mfg. Co.Supreme Court of Alabama · 1909
- Warren v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1895
- Winston's Administrator v. City of HendersonCourt of Appeals of Kentucky · 1918
9 more not listed; retrieve them via the Exa API.
3Cited by46 opinions
- Morgan Hill Paving Co. v. FonvilleSupreme Court of Alabama · 1928
- Slaton v. HallSupreme Court of Georgia · 1929
- MacKintosh Co. v. WellsSupreme Court of Alabama · 1928
- Warner v. MarkoeCourt of Appeals of Maryland · 1937
- Driver v. National SEC. Fire & Cas. Co.Supreme Court of Alabama · 1995
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