COLE v. SOUTHERN RAILWAY CO.

6 Div. 716.

242 So.2d 383 (1970)

E. A. COLE, Sr., and E. A. Cole, Jr., Partners, d/b/a Central Sand & Gravel Co. v. SOUTHERN RAILWAY CO., a Corp., et al.

Supreme Court of Alabama.

December 17, 1970.


Attorney(s) appearing for the Case

Spain, Gillon, Riley, Tate & Ansley and Ollie L. Blan, Jr., Birmingham, for appellants.

L. Murray Alley, Birmingham, for appellees.


PER CURIAM.

This is an appeal by the plaintiffs, E. A. Cole, Sr., and E. A. Cole, Jr., partners, d/b/a Central Sand & Gravel Company, from a judgment in favor of the defendants on a suit to recover damages to a truck owned by the appellants. The amended complaint alleged in Counts One and Two the negligent operation, and in Count Three the wanton operation of a train being run by employees of the defendant railroad. The trial judge refused, ex mero motu, to submit...

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