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WAYLAND DISTRIBUTING COMPANY v. GAY

6 Div. 820.

252 So.2d 414 (1971)

WAYLAND DISTRIBUTING COMPANY et al. v. Dorothy M. GAY, Executrix of the Estate of John F. Gay, Jr., Deceased.

Supreme Court of Alabama.

September 9, 1971.

Attorney(s) appearing for the Case

Huie, Fernambucq & Stewart, Birmingham, for appellant Wayland Distributing Co.

Cabaniss, Johnston, Gardner & Clark and N. Lee Cooper, Birmingham, for appellants Birmingham Belt R. Co. and St. Louis-San Francisco R. Co.

Callaway & Vance, Birmingham, for appellee.

McCALL, Justice.

This action was brought under Tit. 7, § 123, Code of Alabama, 1940, by Dorothy M. Gay, as executrix of the will of John F. Gay, Jr., deceased, her husband, to recover damages for his alleged wrongful death.

In substance the plaintiff's case is that the defendant, Wayland Distributing Company, a corporation, (Wayland), negligently ran a tractor-trailer rig into an automobile the deceased was driving in a public street intersection in the...

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