Mobile Light R. Co. v. Fuller
Alabama Court of Appeals
Appeal from Circuit Court, Mobile County; Joel W. Goldsby, Judge. Action by Mollie Fuller against the Mobile Light & Railroad Company for damages for injury to an automobile. Judgment for plaintiff, and defendant appeals.
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Appeal from Circuit Court, Mobile County; Joel W. Goldsby, Judge. Action by Mollie Fuller against the Mobile Light & Railroad Company for damages for injury to an automobile. Judgment for plaintiff, and defendant appeals. Count 1 declares upon simple negligence, in that the motorman of the street car, then and there acting within the line and scope of his employment and duties, as the servant of the defendant, so negligently went about the performance of his said duties as to cause or permit the said car to run against or to strike an automobile, the property of plaintiff, thereby, etc. Count…
1Opinion of the CourtMerritt, J.
[1] The appellee brought suit against the appellant, and recovered a judgment for damages, alleged to have been sustained by appellee on account of the negligent action of the appellant in running one of. its street cars into appellee’s automobile. The case was submitted to the jury on counts 1 and 5, which charge simple negligence. AH questions raised by the appellant, save one or two, deal with the ruling of the trial court on the pleading. The appellee insists that this court cannot legally review the action of the trial court on its rulings on the pleading, for that the record shows that…
2Cases cited17 opinions
- Birmingham Railway, Light & Power Co. v. FoxSupreme Court of Alabama · 1911
- Birmingham Southern R. Co. v. HarrisonSupreme Court of Alabama · 1919
- Dwight Manufacturing Co. v. HolmesSupreme Court of Alabama · 1916
- Birmingham R. L. & P. Co. v. SaxonSupreme Court of Alabama · 1912
- East Tenn., Va. & Ga. Railroad v. BaylissSupreme Court of Alabama · 1883
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3Cited by3 opinions
- Horsley v. StateAlabama Court of Appeals · 1929
- Fortune v. StateAlabama Court of Appeals · 1929
- Skipper v. StateAlabama Court of Appeals · 1929