Hamilton v. Kinsey

On Rehearing.

On application for rehearing, the original opinion is withdrawn, and this one substituted therefor.

Hamilton, a passenger in a car driven by Eich, was injured in a two-car collision on State Highway 59 South, about 0.3 miles south of Gulf Shores. Eich made a left turn across oncoming lanes of traffic and collided with Kinsey, a policeman chasing a speeding motorist.

Hamilton testified that he never saw Kinsey's police car, notwithstanding that two fishermen some 500-600 yards behind the Eich-Hamilton car were able to see it clearly just before the accident.

Hamilton admitted that he…