First Nat. Bank v. Sanders, 4 Div. 695.

CourtSupreme Court of Alabama
Writing for the CourtGARDNER, Justice.
Citation149 So. 848,227 Ala. 313
Decision Date05 October 1933
Docket Number4 Div. 695.
PartiesFIRST NAT. BANK OF DOTHAN v. SANDERS.

149 So. 848

227 Ala. 313

FIRST NAT. BANK OF DOTHAN
v.
SANDERS.

4 Div. 695.

Supreme Court of Alabama

October 5, 1933


Appeal from Circuit Court, Coffee County; W. L. Parks, Judge.

Action for damages for personal injuries by O. B. Sanders against the First National Bank of Dothan. From a judgment for plaintiff, defendant appeals.

Affirmed.

H. R. McClintock, of Dothan, for appellant.

C. L. Rowe, of Elba, for appellee.

GARDNER, Justice.

Plaintiff and his companion, Culver, were invited by one Brock to ride on the Ford roadster which the latter was driving. The proof tends to show that upon Culver entering the car and taking his seat by Brock there was not sufficient room for another, and plaintiff stood upon the running board with the knowledge and approval of Brock. While thus riding and holding on to the car top, plaintiff, by a sudden stop of the car, was thrown several feet and suffered severe injuries.

On former appeal (First National Bank of Dothan v. Sanders, 225 Ala. 417, 143 So. 578), it was in effect conceded the evidence sufficed for the jury's consideration that Brock was at the time acting as the agent of the defendant in the use of the automobile, and within the line and scope of his authority, though without authority to invite another to ride, and the holding was that plaintiff, being a mere licensee, could only recover under the particular facts of this case upon the theory of a wanton or willful injury inflicted by Brock in the use of the automobile. The verdict was rested on count 6, which was for simple negligence, and the judgment was accordingly reversed. [149 So. 849.]

Upon the second trial plaintiff eliminated count 6 and went to the jury on wanton count A, and recovered the judgment, from which this appeal is prosecuted.

The demurrers interposed to count A on the first trial were not reinterposed upon the second trial, and of consequence no ruling had thereon since the reversal of the judgment. Under the uniform decisions of this court, there is therefore nothing here presented for review as to the demurrers to said count, and assignments of error based thereon are without merit. Alabama City, G. & A. R. Co. v. Bates, 155 Ala. 347, 46 So. 776, 778; McGeever v. Terre Haute Brewing Co., 201 Ala. 290, 78 So. 66; Marsh v. Elba Bank & Trust Co., 205 Ala. 425, 88 So. 423.

The effect of the reversal of the former judgment by this court was to annul it in its entirety, and set aside all rulings of the court on the pleadings embodied therein. Marsh v. Elba Bank & Trust Co., supra. As said in Alabama City, G. & A. R. Co. v. Bates, supra, the judgment having been reversed and the cause remanded, "the case then stood as though such judgment had not...

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21 practice notes
  • Smith v. Northern Ins. Co. of N. Y., No. 21314
    • United States
    • Court of Appeal of Louisiana (US)
    • April 25, 1960
    ...to have done, the injury inflicted may be said to be wanton. * * *' 'The rule was thus stated in First Nat. Bank of Dothan v. Sanders, 227 Ala. 313, 315, 149 So. 848, and in Griffin Lumber Co. v. Harper, 247 Ala. 616, 25 So.2d "'Wantonness is a conscious doing of some act or omission o......
  • Lankford v. Mong, 7 Div. 707
    • United States
    • Supreme Court of Alabama
    • September 12, 1968
    ...did some wrongful act or omitted some known duty which produced the injury. Duke v. Gaines, supra; First Nat. Bank of Dothan v. Sanders, 227 Ala. 313, 149 So. 848; Griffin Lumber Co. v. Harper, 247 Ala. 616, 25 So.2d 505; W. S. Fowler Rental Equipment Co. v. Skipper, supra; Smith v. Roland,......
  • Griffin Lumber Co. v. Harper, 6 Div. 381.
    • United States
    • Supreme Court of Alabama
    • March 7, 1946
    ...or omitted some known duty which produced the injury. Duke v. Gaines, 224 Ala. 519, 140 So. 600; First National Bank of Dothan v. Sanders, 227 Ala. 313, 149 So. 848. Plaintiff's minor son and defendants' truck driver, J. B. Nickless, were killed when the truck in which they were riding ran ......
  • Feazell v. Campbell
    • United States
    • Supreme Court of Alabama
    • May 19, 1978
    ...will likely or probably result. Griffin Lumber Co. v. Harper, 247 Ala. 616, 25 So.2d 505 (1946); First Nat. Bank of Dothan v. Sanders, 227 Ala. 313, 149 So. 848 (1933); Duke v. Gaines, 224 Ala. 519, 140 So. 600 In Sparks v. Milligan, 295 Ala. 358, 361, 330 So.2d 417, 418-19 (1976), this cou......
  • Request a trial to view additional results
21 cases
  • Smith v. Northern Ins. Co. of N. Y., No. 21314
    • United States
    • Court of Appeal of Louisiana (US)
    • April 25, 1960
    ...to have done, the injury inflicted may be said to be wanton. * * *' 'The rule was thus stated in First Nat. Bank of Dothan v. Sanders, 227 Ala. 313, 315, 149 So. 848, and in Griffin Lumber Co. v. Harper, 247 Ala. 616, 25 So.2d "'Wantonness is a conscious doing of some act or omission o......
  • Lankford v. Mong, 7 Div. 707
    • United States
    • Supreme Court of Alabama
    • September 12, 1968
    ...did some wrongful act or omitted some known duty which produced the injury. Duke v. Gaines, supra; First Nat. Bank of Dothan v. Sanders, 227 Ala. 313, 149 So. 848; Griffin Lumber Co. v. Harper, 247 Ala. 616, 25 So.2d 505; W. S. Fowler Rental Equipment Co. v. Skipper, supra; Smith v. Roland,......
  • Griffin Lumber Co. v. Harper, 6 Div. 381.
    • United States
    • Supreme Court of Alabama
    • March 7, 1946
    ...or omitted some known duty which produced the injury. Duke v. Gaines, 224 Ala. 519, 140 So. 600; First National Bank of Dothan v. Sanders, 227 Ala. 313, 149 So. 848. Plaintiff's minor son and defendants' truck driver, J. B. Nickless, were killed when the truck in which they were riding ran ......
  • Feazell v. Campbell
    • United States
    • Supreme Court of Alabama
    • May 19, 1978
    ...will likely or probably result. Griffin Lumber Co. v. Harper, 247 Ala. 616, 25 So.2d 505 (1946); First Nat. Bank of Dothan v. Sanders, 227 Ala. 313, 149 So. 848 (1933); Duke v. Gaines, 224 Ala. 519, 140 So. 600 In Sparks v. Milligan, 295 Ala. 358, 361, 330 So.2d 417, 418-19 (1976), this cou......
  • Request a trial to view additional results

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