CUMMINGS v. CALDWELL

2 Div. 441.

162 So.2d 470 (1964)

Andrew D. CUMMINGS, pro ami, v. James Percie CALDWELL.

Supreme Court of Alabama.

March 26, 1964.


Attorney(s) appearing for the Case

Prince, Jones, Fowler & Propst, Birmingham, for appellant.

Olin W. Zeanah and Jere L. Beasley, Tuscaloosa, and V. W. Elmore, Gordo, for appellee.


HARWOOD, Justice.

The plaintiff is a four year old boy who was injured while riding as a passenger in an automobile driven by his mother, Mrs. Annie Sue Cummings. He sued by his father as next friend.

The plaintiff's injuries resulted when the automobile driven by his mother collided head-on with an automobile driven by the defendant Caldwell.

All of the witnesses introduced by the plaintiff came to the scene of the accident after it had occurred,...

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