Cedar Creek Store Co. v. Stedham
Supreme Court of Alabama
Appeal from Escambia Circuit Court. Heard before Hon. A. E. Gamble. Action by Benton Steadham, pro ami, against the Cedar Creek Store Company, for injuries suffered in an automobile accident. Judgment for plaintiff and defendant appeals.
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Appeal from Escambia Circuit Court. Heard before Hon. A. E. Gamble. Action by Benton Steadham, pro ami, against the Cedar Creek Store Company, for injuries suffered in an automobile accident. Judgment for plaintiff and defendant appeals. A child between the ages of seven and fourteen presumptively cannot be guilty of contributory negligence, but this presumption can be rebutted by evidence.-—R. R. Go. v. Hanlon, 53 Ala. 70; Iron Go. v. Bramhy, 83 Ala. 374; Jefferson v. Birmingham, 116 Ala. 294. Plea E. 2 was good.—Barber v. Shebor, 58 South. 276; Adler v. Martin, 59 South. 597; Terrell v.…
1Opinion of the Court
de GRAFFENRIED, J.
The evidence in this case shows that Benton Steadham, when he was injured by the automobile, was between 10 and 12 years of age. Between the ages of 7 and 14 children are presumed to be wanting in that care, judgment, discretion, and sensitiveness to danger which belong- to the average child who is 14 years of age, and there is a rebuttable legal presumption that children between the ages of 7 and 14 years are incapable of committing- what in law amounts to contributory negligence. Every well-balanced child of 8, 9, or Í0, or 11 years of age knows that fire will burn, and…
2Cases cited7 opinions
- Grand Trunk Railway Co. v. IvesSupreme Court of the United States · 1892
- Alabama Great Southern Railroad v. HallSupreme Court of Alabama · 1894
- Birmingham Railway, Light & Power Co. v. WilliamsSupreme Court of Alabama · 1908
- Birmingham Railway, Light & Power Co. v. MurphyAlabama Court of Appeals · 1911
- Birmingham Ry. L. & P. Co. v. LandrumSupreme Court of Alabama · 1907
2 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Reaves v. MaybankSupreme Court of Alabama · 1915
- McWhorter v. ClarkSupreme Court of Alabama · 1977
- White Swan Laundry Co. v. WehrhanSupreme Court of Alabama · 1918
- Central of Georgia R. Co. v. RobinsSupreme Court of Alabama · 1923
- Davis v. SmithermanSupreme Court of Alabama · 1923
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