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WILHITE v. WEBB

6 Div. 843.

46 So.2d 414 (1950)

WILHITE v. WEBB.

Supreme Court of Alabama.

May 11, 1950.

Attorney(s) appearing for the Case

London & Yancey, Geo. W. Yancey and Frank E. Lankford, of Birmingham, for appellant.

Clifford Emond, of Birmingham, for appellee.

LIVINGSTON, Justice.

The suit is for personal injuries sustained by plaintiff when struck by an automobile belonging to and operated by the defendant.

The complaint consisted of two counts: one based on simple negligence, the other wanton misconduct. The defendant interposed a plea of the general issue in short by consent which, of course, included contributory negligence of plaintiff in defense of the count for simple negligence.

The trial court gave...

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