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DAVIS v. EVANS

8 Div. 736.

74 So.2d 705 (1954)

Mildred DAVIS v. Lonnle S. EVANS.

Supreme Court of Alabama.

Rehearing Denied October 7, 1954.

Attorney(s) appearing for the Case

Maurice F. Bishop, Birmingham, John A. Bostwick, Jr., Guntersville, for appellant.

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

MERRILL, Justice.

On February 14, 1952, the appellee (plaintiff below) filed a complaint against appellant (defendant below) in the Circuit Court of Marshall County, seeking damages as a result of an automobile accident. The appellant answered the complaint with pleas of not guilty and contributory negligence. Each party propounded interrogatories to the other and appellant filed pleas of recoupment, one charging simple negligence and the other charging wantonness...

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