Alabama Power Co. v. Gooch

The case was submitted to the jury under counts 1, 2, 3, and 4 of the complaint, the plea of not guilty, and the pleas of contributory negligence as to negligence counts, 1 and 3.

Count 2, after stating matters of inducement, avers, “that on to-wit, the 6th day of April, 1928, plaintiff was riding in an automobile on Milton Street in said City of Tuscumbia, the same being one of the paved public highways of said city and crosses the railway then being operated, as aforesaid, by defendants, when defendants wantonly, wilfully, or intentionally ran a street car, so being operated by electricity,…