Holman v. Brady

THOMAS, Justice.

The trial was had on the simple negligence count and on the wanton count, No. 3, as amended.

The rule that obtains as to the giving of affirmative instruction has been a matter of frequent consideration and need not be repeated here. Alabama Power Co. v. Dunlap, 240 Ala. 568, 200 So. 617; McMillan v. Aiken, 205 Ala. 35, 88 So. 135.

When the evidence is carefully considered, it shows no more than that the driver of the truck that preceded plaintiff’s automobile was guilty of initial, simple negligence in turning to the left at the intersection of the highway without looking in…