Brown Hauling Co. v. Newsome

GARDNER, Chief Justice.

Plaintiff’s car collided with defendant’s tiuck at the intersection of 24th Street and 36th Avenue in the City of Birmingham, inflicting injuries for which plaintiff recovered a judgment upon a complaint containing two counts, the first resting upon simple negligence and the second, wantonness. The refusal of the affirmative charge as to each count is assigned as error and argued in brief.

Likewise the denial of the motion for a new trial is assigned as error. These are the only questions here presented for decision.

The proof was ample to the effect that the driver of…