Aizenshtat v. Thomason

1 Citing case

  1. Davis v. Radney

    38 So. 2d 867 (Ala. 1949)   Cited 15 times
    Holding that intoxication was material in determination of whether defendant acted negligently

    Esdale v. Baxter, 219 Ala. 256, 122 So. 12. It was error to admit testimony of witness Funderburg as to the damage to defendant's car. Aizenshtat v. Thomason, 23 Ala. App. 258, 123 So. 275. Testimony of witness Jones was erroneously admitted, the witness not having been present at the time of the accident, and it was not shown that the cars were in the same relative position at the time he made the measurements as when the accident occurred. 42 C.J. 1223; Chambers v. Cox, 222 Ala. 1, 130 So. 416. Testimony as to removal of intoxicating beverages from defendant's car at the time of the accident should have been allowed.