Smith v. Cullen

COLEMAN, Justice.

Appellee, plaintiff below, recovered verdict and judgment for five thousand dollars for personal injury and property damage arising out of an automobile collision at a street intersection in Birmingham.

The complaint contained two counts, one charging negligence and the other wanton misconduct by the defendant. Motion for new trial was overruled.

Defendant argues three propositions to show error, to wit: (1) that the court erred in refusing the affirmative charge for defendant as to the wanton count, (2) that the court erred in overruling motion for new trial on ground that the…