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COX v. HERRINGTON

80-656.

416 So.2d 968 (1982)

Aubrey Steven COX v. B. C. HERRINGTON.

Supreme Court of Alabama.

Rehearing Denied July 9, 1982.

Attorney(s) appearing for the Case

Robert E. Paden and Arthur Green, Jr. of Paden, Green & Paden, Bessemer, for appellant.

Jasper P. Juliano and W. J. McDaniel of McDaniel, Hall, Parsons, Conerly, Scott & Lusk, Birmingham and James B. Kierce, Jr., of Stone, Patton & Kierce, Bessemer, for appellee.

TORBERT, Chief Justice.

Appellant Aubrey Steven Cox filed a complaint against Appellee B. C. Herrington alleging negligent and wanton operation of an automobile on May 24, 1979, which resulted in injuries to Cox. Herrington's answer denied the allegations of Cox and affirmatively stated that Cox was guilty of contributory negligence.

After discovery was completed by the parties a trial was held before a jury, begining on March 16, 1981, and ending on March...

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