Wyker v. Texas Co.
Supreme Court of Alabama
Appeal from Circuit Court, Morgan County; O. Kyle, Judge. Action by-John W. Wyker against the Texas Company. Judgment for defendant, and plaintiff appeals. Transferred from the Court of Appeals under section 6, p. 449, Acts 1911. Suit by appellant against appellee to recover damages in the sum of $500, resulting from a collision of plaintiff’s automobile with a team of the defendant company.
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Appeal from Circuit Court, Morgan County; O. Kyle, Judge. Action by-John W. Wyker against the Texas Company. Judgment for defendant, and plaintiff appeals. Transferred from the Court of Appeals under section 6, p. 449, Acts 1911. Suit by appellant against appellee to recover damages in the sum of $500, resulting from a collision of plaintiff’s automobile with a team of the defendant company. The collision, it is alleged, was caused by the negligent conduct of the agent or servant of the defendant, acting within the line and scope of his employment, in and about the management, charge, or…
1Opinion of the CourtGardner, J.
It appears from the foregoing statement of the case, the plaintiff claimed damages in the sum of $500, as a result of a collision of his car with the team of the defendant company; and plaintiff insisted in his testimony that his car was damaged in said sum. Upon cross-examination, over the plaintiff’s objection, defendant introduced a release executed by the plaintiff to the ¿Etna Accident & Diability Company, releasing and discharging said company from all liability under the policy of insurance on said car, for the damages which occurred on this occasion. This release was in consideration…
2Cases cited7 opinions
- Long v. Kansas City, Memphis & Birmingham RailroadSupreme Court of Alabama · 1910
- Birmingham Railway, Light & Power Co. v. Aetna Accident & Liability Co.Supreme Court of Alabama · 1913
- Coffman v. Louisville & Nashville R. R.Supreme Court of Alabama · 1913
- Southern Ry. Co. v. Blunt & WardU.S. Circuit Court for the District of Alabama · 1908
- Alabama G. S. R. R. v. H. Altman Co.Supreme Court of Alabama · 1914
2 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Sellman v. HaddockNew Mexico Supreme Court · 1957
- Collins v. Mobile O. R. Co.Supreme Court of Alabama · 1923
- Flor v. BuckSupreme Court of Minnesota · 1933
- North River Insurance Co. v. McKenzieSupreme Court of Alabama · 1954
- Ellsaesser v. Mid-Continent Casualty Co.Supreme Court of Kansas · 1965
6 more not listed; retrieve them via the Exa API.