Government Street Lumber Co. v. Ollinger
Alabama Court of Appeals
Appeal from Circuit Court, Mobile County; Joel W. Golesby, Judge. Action by Charles G. Ollinger against the Government Street Lumber Company. From a judgment for plaintiff, defendant appeals.
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Appeal from Circuit Court, Mobile County; Joel W. Golesby, Judge. Action by Charles G. Ollinger against the Government Street Lumber Company. From a judgment for plaintiff, defendant appeals. The complaint reads as follows: “Plaintiff claims of the defendant $1,000 for that, on, to wit, May 21, 1920, the plaintiff’s automobile was being driven east on Old Shell road, in Mobile county, Ala., when the defendant’s automobile, being operated by a duly authorized agent acting within the line and scope of his employment, negligently drove the said automobile across the said road, causing the…
1Opinion of the CourtSamford, J.
[1, 2] When two automobiles are being driven along a public road in the same direction, the relative duties the one owes to the other are to be governed somewhat by the circumstances of the particular case. The driver of the front car owes no duty to the rear or trailing car except to use the road in the usual way, in keeping with the laws of the road, and until he has been made aware of it, by signal or otherwise, he has a right to assume, either that there is no other automobile in close proximity to his rear, or that, being there, it is under such control as not to interfere with his free…
2Cases cited5 opinions
- Morrison v. ClarkSupreme Court of Alabama · 1916
- Mark v. . FritschNew York Court of Appeals · 1909
- Southern Garage Co. v. BrownSupreme Court of Alabama · 1914
- Hester v. HallAlabama Court of Appeals · 1919
- Overton v. BushAlabama Court of Appeals · 1911