MITCHELL v. HELMS

7 Div. 435.

115 So.2d 664 (1959)

Anthony MITCHELL, d/b/a Mitchell Farm Supply Co. v. Venice HELMS.

Supreme Court of Alabama.

October 29, 1959.


Attorney(s) appearing for the Case

Clarence Simmons, Jr., Gadsden, for appellant.

Hugh Reed, Jr., Centre, for appellee.


SIMPSON, Justice.

This is an automobile damage suit growing out of a collision of defendant's truck with a truck in which plaintiff was riding as a passenger. The case went to the jury on Count 1, charging simple negligence. From a judgment for the plaintiff, the defendant appeals.

A procedural problem must first be disposed of. Appellee has filed a motion to dismiss the appeal or affirm the judgment on two grounds: (1) That errors were not assigned in the...

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