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222 Ala. 616

133 So 903

Brooks v. Rowell

Supreme Court of Alabama

Decided April 16, 1931

Supreme Court of Alabama · decided 1931-04-16

Good law ✅— No negative treatment on recordhow we know

Decided 1931-04-16

How this case has been cited

Cited by 15 later decisions — most recently March 1996

14 state decisions

401931194019501960197019801990decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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BOTJLDIN, J.

¶1 The action is for damages to plaintiff’s automobile resulting from a collision with the automobile of defendant at -the intersection of two public highways.

¶2 Defendant’s refused charge No. 2 seeks to invoke the speed limit provision of subdivision 3, subsec. (b), § 51, Highway Act of 1927, General Acts 1927, p. 367, and its violation as contributory negligence pn the part of plaintiff. Its refusal was justified for failure to hypothesize that such negligence “proximately” contributed to the injury.

¶3*617 The evidence presented a clear i-ssue for the jury. No error appears in the court’s overruling a motion for new trial on the ground of weight of evidence.

¶4 Affirmed.

ANDERSON, O. J., and GARDNER and FOSTER, JJ., concur.
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