Birmingham Electric Co. v. Carver

FOSTER, Justice.

The primary contention made on this appeal is with respect to a charge of contributory negligence given for defendant. The suit is for personal injuries received by plaintiff in a collision of plaintiff’s automobile with a bus owned by defendant on a street in Birmingham.

The suit was submitted on count “A”, a simple negligence count and “B” a wanton count. The pleading was in short by consent. There was a verdict and judgment for defendant, and a new trial was granted. This appeal is from the judgment granting the new trial.

*473The charge of contributory negligence is in the…