HARRIS v. SCHMAELING

1 Div. 11.

172 So.2d 46 (1965)

George R. HARRIS, Jr., et al., d/b/a Smith, Dukes and Buckalew, v. Ben F. SCHMAELING, Executor.

Supreme Court of Alabama.

February 18, 1965.


Attorney(s) appearing for the Case

W. B. Hand and Hand, Arendall, Bedsole, Greaves & Johnston, Mobile, for appellants.

Cunningham & Bounds, Mobile, for appellee.


GOODWYN, Justice.

This is a suit for wrongful death growing out of an automobile accident. The jury returned a verdict in favor of plaintiff on which judgment was duly rendered. This appeal by the defendants is from that judgment and also from the judgment overruling their motion for a new trial.

The case was tried once before where there was a verdict and judgment in favor of the defendants. Plaintiff's motion for a new trial was granted, the defendants appealed...

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