Southern Hardware & Supply Co. v. Standard Equipment Co.
Supreme Court of Alabama
Appeal from Mobile Law and Equity Court. Heard before Hon. Saffold Berney. Action by the Standard Equipment Company against the Southern Hardware & Supply Company. Judgment for plaintiff, and defendant appeals.
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Appeal from Mobile Law and Equity Court. Heard before Hon. Saffold Berney. Action by the Standard Equipment Company against the Southern Hardware & Supply Company. Judgment for plaintiff, and defendant appeals. The allegations of the complaint are, substantially, that a team of defendant was left standing in the streets of Mobile unhitched, in violation of an ordinance of the city against leaving a team unhitched or unattended, and that the team ran away, injuring a mule of plaintiff. Damages are claimed for medical attention for the mule, and for the value of the mule, and for the rent and…
1Opinion of the CourtAnderson, J.
Conceding that the violation of the ordinance in question would be negligence per se, the court invaded the province of the jury in so much of the oral charge as assumed and instructed the jury that the wagon of defendant was left unattended and that the defendant’s driver was in effect guilty of negligence *601The ordinance prevents the “leaving of a horse,” etc., “unattended in the street.” “Leaving,” as used in this ordinance, means to desert, to abandon, to forsake; hence to give up, to relinquish. It was therefore a question for the jury as to whether or not the defendant’s driver violated…
2Cases cited3 opinions
- Ellis v. HiltonMichigan Supreme Court · 1889
- Watson v. Proprietors of Lisbon BridgeSupreme Judicial Court of Maine · 1837
- Southern Ry. Co. v. GilmerSupreme Court of Alabama · 1904
3Cited by6 opinions
- Crump v. Geer Brothers, Inc.Supreme Court of Alabama · 1976
- Birmingham R. L. & P. Co. v. SpragueSupreme Court of Alabama · 1916
- Mobile O. R. Co. v. Red Feather Coal Co.Supreme Court of Alabama · 1928
- Southern Hardware & Sup. Co. v. Standard Equip. Co.Supreme Court of Alabama · 1910
- Montgomery Bank & Trust Co. v. KellySupreme Court of Alabama · 1919
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