HARBUCK v. LOUISVILLE AND NASHVILLE RAILROAD CO.

4 Div. 42.

257 So.2d 363 (1972)

John Paul HARBUCK, a minor suing by and through his father and next friend, Arnold Harbuck v. LOUISVILLE AND NASHVILLE RAILROAD COMPANY, a Corporation, et al.

Court of Civil Appeals of Alabama.

January 19, 1972.


Attorney(s) appearing for the Case

Wm. D. Melton, Evergreen, for appellant.

Albrittons & Rankin, Andalusia, for appellee.


BRADLEY, Judge.

The sole question presented to this court for answer here is whether or not the trial court improperly limited the issues allegedly raised in the case by preventing appellant from arguing in his opening statement an assumed issue.

Plaintiff filed a two count complaint — simple negligence and wantonness — against the defendant railroad in which he sought damages for a collision between his automobile and a train operated by defendant...

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