Stovall v. Corey Highlands Land Co.
| Decision Date | 07 November 1914 |
| Docket Number | 393 |
| Citation | 66 So. 577,189 Ala. 576 |
| Court | Alabama Supreme Court |
| Parties | STOVALL v. COREY HIGHLANDS LAND CO. |
Appeal from City Court of Birmingham; William M. Walker, Judge.
Action by H.A. Stovall against the Corey Highlands Land Company. Judgment for defendant, and plaintiff appeals. Reversed and remanded.
McArthur & Howard, of Birmingham, for appellant.
Tillman Bradley & Morrow and L.C. Leadheater, all of Birmingham, for appellee.
DE GRAFFENRIED, J.
The fact that the plaintiff's motor cycle was not registered in compliance with the laws of the state had no causal connection with the injury of which the plaintiff complains and can in no way be available to the defendant, under the issues presented in this case. The fact that the motor cycle was not registered in no way affected the general duty, which the defendant owed the plaintiff, to so operate its automobile while traveling upon the public highway as not to negligently injure the person or property of another. This proposition was announced by this court in Birmingham Railway, Light & Power Co. v. AEtna Accident & Liability Co., 64 So. 44, and is supported by the best of logic as well as by the great weight of authority. A. G.S.R.R Co. v. McAlpine, 71 Ala. 545; Atlantic C.L. Ry. Co. v. Weir, 63 Fla. 74, 58 So. 641, 41 L.R.A. (N.S.) 307, Ann.Cas. 1914A, 126; Wilson v. L. & N.R.R. Co., 146 Ala. 285, 40 So. 941, 8 L.R.A. (N.S.) 987; 2 R.C.L. pp. 1198, 1199, § 33.
1. The Corey Highlands Land Company was exploiting certain of its lands for sale. The situs of these lands was some distance from the city of Birmingham, and it was the custom of the land company to furnish to prospective purchasers an automobile and driver to use in going from the city of Birmingham to Corey, the place where the lands were, and in returning from Corey to Birmingham. A good many of the real estate agents of the city of Birmingham were attempting to sell these lands for the Corey Highlands Land Company, and, whenever a real estate agent had a prospective purchaser for any of the lands, he was free to use the automobile of the Corey Highlands Land Company for the purpose of going to and from Corey with his prospective purchaser. It would seem, therefore, that, as to third persons, the Corey Highlands Land Company should certainly be held legally responsible for injuries occurring from the negligence of the chauffeur in charge of one of its automobiles while engaged as above indicated.
This is not the case of a loan, by one person, of an automobile, with its chauffeur, to another person, for service in the exclusive business of the latter. This loan (if it be so considered) was a loan in furtherance of the efforts of the Corey Highlands Land Company to advertise and sell its lands.
2. That there was evidence in this case from which the negligence, both simple and wanton, of the chauffeur was inferable, there can be no doubt. Dozier v. Woods, 67 So. 283.
3. The automobile was...
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St. Louis, B. & M. Ry. Co. v. Price
...far as we have been able to ascertain. Birmingham Ry. & L. Co. v. Ætna Acc. & Liab. Co., 184 Ala. 604, 64 South. 44; Stovall v. Corey Highlands Land Co., 189 Ala. 576, 66 South. 577; Shimoda v. Bundy, 24 Cal. App. 677, 142 Pac. 109; Atlantic Coast Line R. R. Co. v. Weir, 63 Fla. 69, 58 Sout......
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...far as we have been able to ascertain. Birmingham Ry. & L. Co. v. Ætna Acc. & Liab. Co., 184 Ala. 604, 64 South. 44; Stovall v. Corey Highlands Land Co., 189 Ala. 576, 66 South. 577; Shimoda v. Bundy, 24 Cal. App. 677, 142 Pac. 109; Atlantic Coast Line R. R. Co. v. Weir, 63 Fla. 69, 58 Sout......
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Speight v. Simonsen
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