LINDSEY v. BARTON

6 Div. 209.

70 So.2d 633 (1954)

LINDSEY et al. v. BARTON

Supreme Court of Alabama.

Rehearing Denied March 11, 1954.


Attorney(s) appearing for the Case

Jackson, Rives, Pettus & Peterson, Birmingham, for appellants.

Taylor, Higgins, Windham & Perdue, Roy M. Johnson, Jr., Birmingham, for appellee.


SIMPSON, Justice.

On original submission of this case the appeal was dismissed by this court. Thereafter appellants moved to set aside the judgment of dismissal and for leave to perfect the transcript. We granted this motion upon condition and, the condition being complied with, the case was resubmitted on the merits October 27, 1953. We therefore proceed to a consideration of the appeal on its merits.

This is an action for personal injuries and property damage...

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