KESSLER v. KELLY

6 Div. 449.

104 So.2d 767 (1958)

A. H. KESSLER v. Lucille KELLY.

Court of Appeals of Alabama.

August 19, 1958.


Attorney(s) appearing for the Case

London & Yancey, J. G. Adams, Jr., and Jas. E. Clark, Birmingham, for appellant.

Hogan & Callaway and Robt. S. Vance, Birmingham, for appellee.


HARWOOD, Presiding Judge.

This is an appeal from an order of the trial judge granting the plaintiff's motion for a new trial because of the inadequacy of the damages awarded by the jury in their verdict.

In the trial below the case went to the jury on two counts, one bottomed on negligence, and the other charging wilful or wanton conduct on the part of the defendant as proximately causing plaintiff's injuries and damages.

In essence the counts charge...

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