Southern Express Co. v. Roseman
Supreme Court of Alabama
Appeal from Circuit Court, Jefferson County; Richard V. Evans, Judge. Action by Max Roseman against the Southern Express Company and another for damages for tlie death of his minor son. Judgment for the plaintiff, and defendants ap>peal. The jury assessed the damages at $15,000. The other facts sufficiently appear from the opinion of the court.
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Appeal from Circuit Court, Jefferson County; Richard V. Evans, Judge. Action by Max Roseman against the Southern Express Company and another for damages for tlie death of his minor son. Judgment for the plaintiff, and defendants ap>peal. The jury assessed the damages at $15,000. The other facts sufficiently appear from the opinion of the court. The child was under duty to look and listen for automobiles, and his capacity was to be judged with reference to his experience as to the particular danger from which his injury resulted. 166 Ala. 519, 52 South. 52; 190 111. 156, 60 N. E. 216, 52 L. R.…
1Opinion of the CourtMiller, J.
Max Roseman sues Southern Express Company and Irwin Blake for killing his minor son, Norman Roseman, who was between 12 and 13 years of age, averring that he was negligently killed in the public streets of the city of Birmingham, by running an automobile truck against him, which was operated by Irwin Blake for the Southern Express Company June 13, 1918.
There was only one count in the complaint when submitted to the jury. It charges simple negligence. There were several pleas— general issue, contributory negligence of deceased, and negligence of the father of deceased in permitting his son to…
2Cases cited13 opinions
- Central of Georgia Railway Co. v. FosheeSupreme Court of Alabama · 1899
- Richmond & Danville Railroad v. FreemanSupreme Court of Alabama · 1892
- Republic Iron & Steel Co. v. QuintonSupreme Court of Alabama · 1915
- Adler v. MartinSupreme Court of Alabama · 1912
- Barbour v. SheborSupreme Court of Alabama · 1912
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3Cited by21 opinions
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- Jack Cole, Inc. v. WalkerSupreme Court of Alabama · 1941
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