Duncan v. Robertson, 132 So. 57 (Ala. Ct. App. 1930). · Go Syfert
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Duncan v. Robertson, 132 So. 57 (Ala. Ct. App. 1930). Cases Citing This Book View Copy Cite
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Duncan
v.
Robertson.
Alabama Court of Appeals.
Oct 28, 1930.
132 So. 57
1930 Ala. App. LEXIS 307
Culli, Hunt Culli, of Gadsden, for appellant. Counsel argue for error in rulings on pleading and charges, citing Berry on Automobiles (4th Ed.) 203; Bowles v. Lowery, 5 Ala. App. 555 , 59 So. 696 ; Morrison v. Clark, 196 Ala. 676 , 72 So. 305 ; Stewart v. Smith, 16 Ala. App. 461 , 78 So. 724 . L. B. Rainey, of Gadsden, for appellee. Driving at night without lights is negligence per se. Sheppard v. Johnson, 11 Ga. App. 280 , 75 S.E. 348 ; Darby v. Jarrett, 26 Ohio App. 194 , 159 N.E. 858 ; Alabama Code 1928, § 1397.
Bricken.

Lead Opinion

The complaint in this case consisted of one count. The action was for damages resulting from a collision between appellee's automobile and a truck of appellant driven at the time by his agent.

The demurrer to the complaint was properly overruled. The allegations of injury or damages and of negligence by the agent of appellant in operating or driving the truck were sufficiently specific to apprise defendant of the nature and character of the evidence to be expected.

The evidence as to the collision and the facts incident thereto was in conflict. Its weight or probative force was for the jury to determine. There was no error in refusing the affirmative charge.

The oral charge of the court in connection with the several written charges given at the request of appellant properly stated the law governing the issues involved upon the trial of this case. We discover no reversible error in this connection and the assignments of error on this point cannot be sustained.

The judgment of the lower court from which this appeal was taken will stand affirmed.

Affirmed.

Addendum

Reversed and remanded on authority of Duncan v. Robertson (7 Div. 994), 222 Ala. 131, 132 So. 58.