Southern Bell Tel. & Tel. Co. v. Skaggs

TIPTON, Sp. J.

For convenience the parties will be referred to as plaintiff and defendant as they were in the court below.

The plaintiff sued the defendant for $21,500' damages for personal injuries and property damage, and in his declaration, which is in three counts, alleged that on January 12, 1950', he was driving his Pontiac automobile in an easterly direction upon Highway 70 in Shelby County, and that when he reached a point on said highway where the same crosses the Louisville & Nashville Railroad tracks by means of an overpass, he discovered a truck owned and operated by the defendant…