SIMS v. STRUTHERS

3 Div. 760.

100 So.2d 23 (1957)

Clifford SIMS v. James Oscar STRUTHERS and Thomas W. Weaver, Jr., d/b/a Weaver Paper Co.

Supreme Court of Alabama.

Rehearing Denied January 23, 1958.


Attorney(s) appearing for the Case

Rogers, Howard & Redden, Birmingham, for appellant.

Rushton, Stakely & Johnston, Montgomery, for appellee Weaver.

Hill, Hill, Stovall & Carter, Montgomery, for appellee Struthers.


SIMPSON, Justice.

This was an action for personal injuries sustained by the plaintiff when the wagon he was driving was struck by an automobile driven by defendant Struthers, an employee of defendant Weaver. The jury returned a verdict for the defendants, and plaintiff brings this appeal.

The case went to the jury on a simple negligence count. The defendants pleaded the general issue in short by consent and defended on the ground of sudden emergency contending...

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