City of Birmingham v. Kelly

WRIGHT, Presiding Judge.

This is an appeal from a judgment granting a motion for a new trial.

The trial below involved the consolidation of two cases. One Hopkins filed suit against Kelly. The City of Birmingham filed suit against Kelly. The suit of Hopkins arose from the collision of the automobile which he was driving, with the automobile driven by Kelly at an intersection of streets in the City of Birmingham. Hopkins was a police officer of the city, traveling in his official capacity. The evidence tended to show that with siren on and emergency lights flashing Hopkins approached an…