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CITY OF BIRMINGHAM v. KELLY

Civ. 243.

293 So.2d 301 (1974)

CITY OF BIRMINGHAM v. Edward J. KELLY.

Court of Civil Appeals of Alabama.

Rehearing Denied February 27, 1974.

Attorney(s) appearing for the Case

Herbert Jenkins, Jr., Asst. City Atty., Birmingham, for appellant, City of Birmingham.

Rives, Peterson, Pettus, Conway & Burge and Edgar M. Elliott, III, Birmingham, for appellee.

WRIGHT, Presiding Judge.

This is an appeal from a judgment granting a motion for a new trial.

The trial below involved the consolidation of two cases. One Hopkins filed suit against Kelly. The City of Birmingham filed suit against Kelly. The suit of Hopkins arose from the collision of the automobile which he was driving, with the automobile driven by Kelly at an intersection of streets in the City of Birmingham. Hopkins was a police officer of the city, traveling...

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