HARVEY REGLAND COMPANY v. NEWTON

6 Div. 211.

105 So.2d 110 (1958)

HARVEY RAGLAND COMPANY, Inc., et al. v. Wiliam E. NEWTON.

Supreme Court of Alabama.

Rehearing Denied September 25, 1958.


Attorney(s) appearing for the Case

London, Yancey, Clark & Allen, Jas. E. Clark and Bibb Allen, Birmingham, for appellants.

Higgins, Windham, Perdue & Johnson, Birmingham, for appellee.


MERRILL, Justice.

This is an appeal by defendants from a judgment of the trial court granting plaintiff's motion for a new trial. Plaintiff sued for injuries received while he was a pedestrian crossing U. S. Highway 31 in Warrior, and he was hit by the truck of defendant Harvey Ragland Co. while being driven by defendant Laminack. The complaint was in two counts, but the wanton count was withdrawn and the cause was submitted to the jury on the count charging simple...

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