Cannon v. Scarborough

This is an action on the case by the appellee against appellant for personal injuries received by the plaintiff in an automobile collision on the Montgomery-Birmingham Highway near Maxwell Field.

The complaint as originally filed consisted of four counts, but on the trial count 3 was withdrawn, and the case proceeded to trial on counts 1, 2, and 4. Counts 1 and 2 ascribe the plaintiff’s injury and damage to the negligence of the defendant in the operation of his car, and count 4 to willful or wanton conduct.

The pleas were the general issue as to all of the counts, and contributory negligence…