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DEAMER v. EVANS

3 Div. 61.

175 So.2d 466 (1965)

Philip A. DEAMER et al. v. Merrell R. EVANS.

Supreme Court of Alabama.

May 20, 1965.

Attorney(s) appearing for the Case

Oakley Melton, Jr., James Garrett and Rushton, Stakely & Johnston, Montgomery, for appellants.

Frank W. Riggs, III, Truman Hobbs and Godbold, Hobbs & Copeland, Montgomery, for appellee.

LAWSON, Justice.

This is a suit by Merrell Evans brought in the Circuit Court of Montgomery County against Philip A. Deamer and W. W. Whittaker claiming damages for personal injuries and for damage to his automobile resulting from a collision with a truck driven by Deamer and owned by Whittaker.

The complaint contained a single count which charges negligence. The defendants pleaded the general issue in short by consent in the usual form.

There was...

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