Osborne v. May

MERRILL, Justice.

This case was originally assigned to another member of the court, and was reassigned to the writer on February 8, 1960.

Appellee, plaintiff below, sued as administratrix for the wrongful death of her husband, Paul Johnson May, deceased, while he was driving a tractor-trailer on a public highway between Mountain Brook and Childersburg, at or near Westover, twenty-five miles south of Birmingham.

The original defendants were American Cast Iron Pipe Company, hereinafter called Acipco, Arrow Truck Line, and the appellant, Leroy Osborne, d/b/a Osborne & Company Truck Lines.

The…