[Download] "Crescent Amusement Company v. James Horace" by Supreme Court of Alabama # eBook PDF Kindle ePub Free
eBook details
- Title: Crescent Amusement Company v. James Horace
- Author : Supreme Court of Alabama
- Release Date : January 22, 1955
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 68 KB
Description
The trial court charged the jury orally, inter alia, as follows: 'The presence of an officer undertaking to direct traffic at such intersection as we have under consideration in this case
is an invitation to the motorist to keep a lookout for the officer's signals. A motorist approaching such intersection is
under a duty to obey these signals, unless some fact is brought to his attention which would indicate to a reasonably prudent
person that it would be dangerous to obey the signals. Thus the motorist is not justified in closing her eyes and ears to
danger, and she may not ignore suggestions of danger which may come to her while looking to the traffic officer for guidance,
such as the sounding of a horn or any other circumstance which would lead a man of ordinary care to take precautions. In the
absence of some such circumstance putting the motorist on notice that the officer's directions may lead to disaster, the motorist
should obey the officer's signals, and she is not under any duty to search for any such circumstances, and she is not required
to keep a lookout for other traffic as she would be in the absence of the officer. The motorist must at all times act as a
reasonably prudent and cautious person would act under the circumstances, but the law says that a reasonably prudent and cautious
person may act as I have stated to you under circumstances of the kind we have under consideration, without losing his or
her status as a reasonably prudent and cautious person.' The exceptions of defendant pointed out these portions of the foregoing
excerpt: