Garth v. Alabama Traction Co.
Supreme Court of Alabama
Action for Damages for Personal Injury. Appeal from Morgan Circuit Court. Heard before Hon. D. W. Speake. Action by Ed Garth against the North Alabama Traction Company. From a judgment for defendant, plaintiff appeals. This was an action for damages for a personal injury.
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Action for Damages for Personal Injury. Appeal from Morgan Circuit Court. Heard before Hon. D. W. Speake. Action by Ed Garth against the North Alabama Traction Company. From a judgment for defendant, plaintiff appeals. This was an action for damages for a personal injury. The allegations of negligence in the first count is that the defendant’s servants so negligently and carelessly conducted themselves in and about the management of the electric car that the same was caused to run upon or against a wagon upon which plaintiff was riding at a certain point, overturning the wagon, throwing…
1Opinion of the CourtSimpson, J.
— This was an action for damages to the plaintiff (appellant), claimed to have resulted from a collision of the defendant’s electric car with a covered delivery wagon in which the plaintiff was riding on a street in New Decatur, Ala. It appears from the testimony of plaintiff and one Mitchell, who was in the wagon with him, that plaintiff was driving a covered delivery wagon, with the curtains down, along Gordon Drive, in New Decatur, which interesects with Jackson street; that they did not stop, look, and listen for a car; that the wagon was struck by the car at the intersection of Gordon…
2Cases cited2 opinions
- South & North Alabama Railroad v. SullivanSupreme Court of Alabama · 1877
- Birmingham Railway, Light & Power Co. v. BrantleySupreme Court of Alabama · 1904
3Cited by4 opinions
- Crocker v. LeeSupreme Court of Alabama · 1954
- J. C. Byram &. Co. v. BryanSupreme Court of Alabama · 1932
- Eagle v. CarrSupreme Court of Florida · 1943
- Mobile Light R. Co. v. ThomasAlabama Court of Appeals · 1918