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CLARK v. SMITH

SC 375, 775.

299 So.2d 226 (1974)

Jervis Howard CLARK, a minor, et al. v. Jefferson E. SMITH and W. R. Mitchell, Contractor, Inc., a corporation. Howard G. CLARK v. Jefferson E. SMITH and W. R. Mitchell, Contractor, Inc., a corporation.

Supreme Court of Alabama.

August 15, 1974.

Attorney(s) appearing for the Case

Cunningham, Bounds & Byrd, Mobile, for appellants.

Cooper C. Thurber and G. Sage Lyons, Mobile, for appellees.

HARWOOD, Justice.

Turner Road, a four lane street in Pritchard, Alabama, runs roughly east and west. Shortly before daybreak on the morning of 13 October 1970, Jervis Howard Clark, a paper carrier was traveling on his motorcycle eastwardly on Turner Road. Jefferson Smith, an employee of W. R. Mitchell, Inc., acting in the course of his employment, was driving a truck owned by Mitchell in a westwardly direction. A collision...

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