Pearson v. Fountain

HARWOOD, Justice.

This is an appeal from a judgment in favor of the defendants, Deaton Truck Lines, Inc., and Jesse Lee Fountain, driver of a Deaton truck.

The case was submitted to the jury on one count charging negligence to defendants in injuring the plaintiff in an intersection collision.

In the trial below, the plaintiff testified that on the night of the collision he was returning to his home after having completed his work shift at midnight.

His usual route home, and the one he was following at the time of the collision necessitated crossing the Birmingham-Bessemer super highway at the…