Armstrong v. Sellers
Supreme Court of Alabama
Appeal from Birmingham City Court. Heard before Hon. William M. Walker. Action by Aurora E. Armstrong against Ira J. Sellers, Mrs. Sellers, and one Crenshaw. Plaintiff had judgment against Crenshaw, but judgment was rendered for the other named defendant, and plaintiff appeals. The automobile had not been registered as required by sections 3012-3015, and 6322-27, Code 1907, and the statute declares that it shall be unlawful for a person to operate such an automobile.
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Appeal from Birmingham City Court. Heard before Hon. William M. Walker. Action by Aurora E. Armstrong against Ira J. Sellers, Mrs. Sellers, and one Crenshaw. Plaintiff had judgment against Crenshaw, but judgment was rendered for the other named defendant, and plaintiff appeals. The automobile had not been registered as required by sections 3012-3015, and 6322-27, Code 1907, and the statute declares that it shall be unlawful for a person to operate such an automobile. A cause of action arising out of a violation of law is not destroyed by a subsequent repeal of the law. The court erred in its…
1Opinion of the CourtSayre, J.
Appellant was injured, while on a public street of the city of Birmingham, by an automobile driven by the defendant Crenshaw. For her injury thus sustained appellant had judgment against Crenshaw, of which the latter does not complain. But the machine was the property of the defendant Dr. Ira J. Sellers, and in it at the time was his wife, who is also sued. Of the judgment acquitting the last-named two defendants the appellant does complain, and she appeals to this court for a reversal.
Mrs. Sellers was in the habit of using the machine for her own pleasure, with the knowledge and consent of…
2Cases cited4 opinions
- Dudley v. Northampton Street Railway Co.Massachusetts Supreme Judicial Court · 1909
- Parker v. WilsonSupreme Court of Alabama · 1912
- Watts v. Montgomery Traction Co.Supreme Court of Alabama · 1912
- Hemming v. City of New HavenSupreme Court of Connecticut · 1910
3Cited by34 opinions
- Tullis v. BlueSupreme Court of Alabama · 1927
- Gardiner v. SolomonSupreme Court of Alabama · 1917
- Morrison v. ClarkSupreme Court of Alabama · 1916
- Kelly v. HanwickSupreme Court of Alabama · 1934
- Penticost v. MasseySupreme Court of Alabama · 1917
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