Barfield v. Evans
Supreme Court of Alabama
Appeal from Birmingham City Court. Heard before Hon. C. C. Nesmith. Action by J. S. Evans, as administrator, against Frances J. Barfield, for damages for the death of his intestate caused by an automobile accident. Judgment for plaintiff, and defendant appeals. Count 2 sufficiently appears from the opinion.
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Appeal from Birmingham City Court. Heard before Hon. C. C. Nesmith. Action by J. S. Evans, as administrator, against Frances J. Barfield, for damages for the death of his intestate caused by an automobile accident. Judgment for plaintiff, and defendant appeals. Count 2 sufficiently appears from the opinion. Count A is as follows: Plaintiff suing as administrator of the estate of E. L. Evans, deceased, claims of defendant the sum of $25,000 damages for that whereas, to wit, on October 26, 1912, defendant was running and operating an automobile upon the streets of Birmingham, Jefferson county,…
1Opinion of the CourtSayre, J.
Great stress is laid in argument upon the action of the trial court in overruling demurrers to •counts 2 and A. '
Counts 2 alleges that: “Defendant was running and •operating an automobile upon the streets of Birmingham * * * when the same ran upon and against plaintiff’s intestate, a pedestrian, who was crossing Eighth avenue. * * * And plaintiff avers that his said intestate’s injuries and death were proximately caused by reason of and as a direct consequence of the negligence of Ralph Condray, the defendant’s servant •or agent, while acting within the line and scope of his ■employment as…
2Cases cited9 opinions
- Parker v. WilsonSupreme Court of Alabama · 1912
- Humes v. O'Bryan & WashingtonSupreme Court of Alabama · 1883
- Daffron v. CrumpSupreme Court of Alabama · 1881
- Barbour v. SheborSupreme Court of Alabama · 1912
- Lamar v. KingSupreme Court of Alabama · 1910
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3Cited by25 opinions
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