Sheffield Co. v. Harris
Supreme Court of Alabama
Appeal from Colbert Circuit Court. Action by Bryant Harris, pro ami, against the Sheffield Company for damages for personal injury, caused by a collision. Judgment for plaintiff and defendant appeals.
Read the full summary
Appeal from Colbert Circuit Court. Action by Bryant Harris, pro ami, against the Sheffield Company for damages for personal injury, caused by a collision. Judgment for plaintiff and defendant appeals. The court erred in overruling demurrers to counts 1 and 4, and in refusing to give the general charge. — Rogers v. Brooks, 99'Ala. 31; Patrick v. deBardelaben, 90 Ala. 13; Pulliam v. Schimpf, 109 Ala. 182. In this connection, counsel cite the following cases from other jurisdictions as bearing upon the questions presented both on the pleading and the charges. — 14 Ky. Law 425; 37 La. Ann. 288;…
1Opinion of the Court
de GRAFFENRIED, J.
— The plaintiff, Bryant Harris, was on March 28, 1909, struck by one of the Sheffield Company’s street cars and suffered the loss of both of his feet. When the plaintiff received his injuries he was only five years of age, and the law, on account of his age, does not apply the doctrine of contributory negligence to him.
The plaintiff received his injuries in the town of Sheffield, at or near the point in said town where Atlanta avenue, which is 80 feet wide, crosses D street. Atlanta avenue runs north and south, and D street runs east and west. The defendant, the Sheffield…
2Cases cited4 opinions
- Railroad Co. v. BarronSupreme Court of the United States · 1867
- Aldrich v. PalmerCalifornia Supreme Court · 1864
- Anniston Electric & Gas Co. v. RosenSupreme Court of Alabama · 1909
- Stephenson v. WrightSupreme Court of Alabama · 1895
3Cited by41 opinions
- Moore v. Mobile Infirmary Ass'nSupreme Court of Alabama · 1991
- Louis Pizitz Dry Goods Co. v. CusimanoSupreme Court of Alabama · 1921
- Cairnes v. Hillman Drug Co.Supreme Court of Alabama · 1926
- Mobile Light R. Co. v. NicholasSupreme Court of Alabama · 1936
- Alabama Power Co. v. StognerSupreme Court of Alabama · 1922
36 more not listed; retrieve them via the Exa API.