The Birmingham age-herald., 1920-11-26
PEDESTRIAN GIVEN
 R|GHT-OF- WAY OVER
 AUTO AT CROSSING
Supreme Court Sustains Cir cult Judge in Birmingham Damage Case-0ther
 Opinions Given

Montgomery, November 25.-(Speclal) The driver of an automobile is liable for damages if an automobile driven upon a public street strikes and injuries a pe- destran through negligence of the driver, egardless of whether the pedestrian m crossing the street uses the regular crossing provided at the intersections or not, the Alabama supreme court held to- day in a decision handed down in the case of Leopold Marx ys. Paul A. Ivy, affirming a verdict from the Jefferson circuit court.
 The original suit filed by Marx asked for S25 ,00o damages, a petit jury award ing him $6000. The allegations inter- posed in the case were that Ivy at the time the accident occurred was driving a car without lights, it being after uightfall, and that ne failed to sound any warning and was travelling 25 to 50 miles an hour. The defense maintained that in crossing the street in question Marx had violated a city ordinance de- signed to suppress was is commonly termed "jay-walking.'
 The court ruled, however, that this contention was not material, inasmuch as the ordinance in question was pri- lnarily in the nature of a traffic regu- lation. The court further held that the drlyer of an automobile owes a duty to keep lookout for pedestrians, not only at regular street crossings, but between intersections as well. Other decisions or the court handed down today were as follows:
 Anderson, C. J.--J. L. Reagan vs. Lena Reagan. appeal from Tailapoosa circuit court Gin equity) affirmed.
 Sayre, J.-John Elston Kay, pro ami vs. Eva Elston ct al, appeal from Calhoun circuit court; affirmed.
 Ernest Orr vs. Decatur Box and Bas- lzet company, appeal from Morgan cir cult court; reversed and remanded.
 L. & N. Railroad company vs. Mrs. Pearl F. Holmes, appeal from Morgan circuit court; affirmed.
 c. w. Strickland vs. I. l.. Jackson, ap- peal from Franklin circuit court; re- yersed and remanded.
 Gardner, J.-kohert Chamblee vss J. E. Johnson, appeal from Cullman circuit court Gin equity); affirmed.
 Paul A. Ivy vs. Leopold Marx. appeal from Jefferson circuit court; affirmed.
 A. B. Jones ct al. vs. John Sandiin, appeal from Blount circuit court; re- verse and remanded.
 Laura c. Chandler vs. J. w. Pope, ap- peal from Etowah circuit court; at- firmed.
 c. S. Chenault vs. Ed Milan, appeal from Morgan circuit court; Gin equity)' affirmed.
 Walker D. Hines, director general of railroads, vs. J. c. Cooper appeal from Istowah circuit court; reversed and re- nanded.
 Brown, J.--Douglass Cotton Oil com pany ct al vs. Alabama Machinery and Supply company ct al, appeal from Ge- neva circuit court Gin equity); affirmed.
 Corona Coal and Iron company vs' Tom Spann, appeal from Walker cir cult court; affirmed.
 w. H. Mcclellan vs Lyle-Tayior Gram company, appeal from Limestone circuit court affirmed. .
 Lon Clark vs. Emeline House, appeal from Calhoun circuit court; affirmed.
 c. l. Williams vs D. J. Noland, ap- peal from Marengo circuit court tn eouity): reversed, rendered and re- Inanded-
 L. & N. Railroad company vs Jonh w. McNeill company, appeal rom 'ei- ferson circuit court; affirmed
 Per Curiam-Ex parte Jesse sansom Gre. Sansom vs. Covington County Bank)' petition for certiorari to court or ap- peals: writ denied with opinion
 Ex parte Joe Gardner Gardner vS. state). petition for certiorari to court or appeals; writ denied.