Taylor v. Thompson

MERRILL, Justice.

Appellant, plaintiff below, sued appellee for $50,000 for bodily injuries received by him while driving his automobile on First Avenue North, at or near an intersection with Division Avenue in Birmingham.

Count 1 alleged simple negligence and Count 2 alleged wanton misconduct. Demurrer being overruled, appellee entered a plea in short by consent.

Upon conclusion of the testimony, the court gave the affirmative charge as to 'the wanton count. The case was submitted to the jury on Count 1 and verdict was for the defendant. Motion for a new trial was denied.

The main insistence is…