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TERMINAL TRANSPORT CO. v. CENTRAL OF GEORGIA RAILWAY

6 Div. 345, 346.

133 So.2d 29 (1961)

TERMINAL TRANSPORT CO. v. CENTRAL OF GEORGIA RAILWAY. Sam SHELNUTT v. CENTRAL OF GEORGIA RAILWAY.

Supreme Court of Alabama.

September 14, 1961.

Attorney(s) appearing for the Case

Jack Paden, of Berkowitz, Lefkovits & Paden, Birmingham, for appellants.

Sadler, Sadler, Sullivan & Herring, Birmingham, for appellee.

LIVINGSTON, Chief Justice.

The Terminal Transport Company sued the Central of Georgia Railway for damages to its tractor trailer and cargo. Sam Shelnutt, the agent or servant of Terminal Transport Company, the driver of said tractor trailer, also sued the Central of Georgia Railway for personal injuries received at the same time and place.

As last amended, each complaint contained two counts; one for simple negligence, and the other based on wanton misconduct...

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