W.M. SMITH & CO. v. HARRIS

6 Div. 759.

42 So.2d 623 (1949)

W. M. SMITH & CO. et al. v. HARRIS.

Supreme Court of Alabama.

Rehearing Denied November 17, 1949.


Attorney(s) appearing for the Case

Lange, Simpson, Robinson & Somerville, Birmingham, for appellants.

Francis H. Hare, Birmingham, for appellee.


LAWSON, Justice.

On the night of August 24, 1945, there was a collision between an automobile driven by William Rayburn Hicks and a truck (tractor-trailer) belonging to W. M. Smith and Company, at a point on U. S. Highway 11 approximately seven and one-half miles north of the city of Fort Payne.

In the car with Hicks was his bride of one day, his fourteen year old sister, Claudine, and a soldier, David B. Whittemore, whom Hicks had picked up. Hicks was also...

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