SOUTHERN RAILWAY COMPANY v. SMITH

2 Div. 378.

105 So.2d 705 (1958)

SOUTHERN RAILWAY COMPANY v. Jim SMITH.

Supreme Court of Alabama.

October 9, 1958.


Attorney(s) appearing for the Case

Jones, McEachin & Ormond and Marvin T. Ormond, Tuscaloosa, for appellant.

LeMaistre, Clement & Gewin, Walter P. Gewin, Tuscaloosa, for appellee.


COLEMAN, Justice.

Jim Smith, plaintiff below, appellee here, sued the appellant, Southern Railway Company, a corporation, and its employee, Albert D. Perkins, for damages for personal injury sustained by plaintiff as a result of being struck by an automobile driven by said Perkins during the course of his employment.

The case was submitted to the jury on the amended complaint which contained one count charging simple negligence. Demurrer to the complaint was...

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