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SMITH v. LILLEY

1 Div. 344.

41 So.2d 175 (1949)

SMITH v. LILLEY.

Supreme Court of Alabama.

Rehearing Denied June 23, 1949.

Attorney(s) appearing for the Case

D. R. Coley, Jr., of Mobile, for appellant.

Vickers, Leigh & Thornton, of Mobile, for appellee.

STAKELY, Justice.

This suit was originally brought by W. T. Smith against Patrick E. Lilley, Jr., to recover damages for injuries alleged to have been suffered by the plaintiff when he was struck on December 3, 1946, by an automobile owned and operated by the defendant. The plaintiff died on August 28, 1947 and the suit was revived in the name of Ila R. Smith, Executrix of the estate of W. T. Smith, deceased. The pleas of the defendant were the general issue and contributory...

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