City of Montgomery v. Bennett

HOLMES, Judge.

The plaintiff, City of Montgomery, brought suit against the defendants, Michael Bennett and Swift Independent Packing Company, for damages suffered as a result of defendants’ truck striking a light pole maintained by plaintiff.

This lawsuit began in the Montgomery District Court, resulting in a judgment for the defendants. Plaintiff then sought relief in the circuit court. After the parties stipulated to the facts, the circuit court also held in favor of the defendants. The plaintiff appeals and we affirm.

On February 7, 1984, defendant Bennett was operating a truck owned by his em*943…