Hockstein v. State

Supreme Court of Alabama

Hockstein v. State

108 So. 571, 214 Ala. 563, 1926 Ala. LEXIS 115

CourtSupreme Court of Alabama

DecidedMay 13, 1926

Docket1 Div. 400.

StatusPublished

Cited by1 cases

This text of 108 So. 571 (Hockstein v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Hockstein v. State, 108 So. 571, 214 Ala. 563, 1926 Ala. LEXIS 115 (Ala. 1926).

Pincite

Opinion

SOMERVILLE, J.

The testimony for the state made a prima facie case for the condemnation of the car.

But, conceding that the taxi driver, White, carried liquor in the car, we think that Mrs. Hoekstein, the owner, has satisfactorily shown that she “neither authorized, participated in, nor consented to, the unlawful act of her servant, and that she was guilty of no negligence with respect to its anticipation and prevention.” Under such a showing, the condemnation of the car cannot be sustained. Puckett v. State, 204 Ala. 238, 85 So. 452; State v. Hughes, 203 Ala. 90, 82 So. 104.

Thé decree will be reversed, and one will be here rendered in favor of the claimant defendant.

Reversed and rendered.

ANDERSON, C. J„ and THOMAS and BOULDIN, JJ„ concur.

Free access — add to your briefcase to read the full text and ask questions with AI