COOK v. LATIMER

4 Div. 110.

147 So.2d 831 (1962)

John W. COOK v. Marina LATIMER, as Administratrix.

Supreme Court of Alabama.

Rehearing Denied December 20, 1962.


Attorney(s) appearing for the Case

Prestwood & Prestwood, Andalusia, for appellant.

Frank J. Tipler, Jr., Tipler & Fuller, Andalusia, Harry R. Teel and Robt. H. Walston, White, Bradley, Arant, All & Rose, Birmingham, for appellee.


SIMPSON, Justice.

Appeal by the plaintiff from a judgment on a jury's verdict in favor of the defendant. The case went to the jury on the wanton count of the plaintiff and the plea of the general issue by the defendant and a counter-claim by the defendant alleging wantonness on the part of the plaintiff.

The plaintiff John W. Cook and Walter Latimer, the defendant's intestate, were returning to Andalusia, Alabama on U. S. Highway 331 from Troy, Alabama, after...

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