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SEARS, ROEBUCK & CO. v. HAMM

6 Div. 771.

81 So.2d 915 (1955)

SEARS, ROEBUCK & CO. v. Evelyn HAMM.

Court of Appeals of Alabama.

August 9, 1955.

Attorney(s) appearing for the Case

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

A. W. Jones, Victor H. Smith and Pritchard, McCall & Jones, Birmingham, for appellee.

PRICE, Judge.

On January 3, 1951, plaintiff, while a pedestrian on a public street in Birmingham, Alabama, was struck and injured by a motor truck which she alleges was being operated by an agent, servant or employee of the defendant, acting within the line and scope of his employment.

Plaintiff's cause of action is stated in two counts, count 1 charging simple negligence, and count 2 charging wilful and wanton conduct. A demurrer to the complaint, and

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