Smith v. Johnson

Appellant filed suit in the circuit court of Etowah County to recover damages which he alleges proximately resulted from a collision between his automobile, driven at the time by his wife, Opal Jolley Smith, and a truck driven by defendant Johnson, who, according to the allegations, was an agent or servant of defendant Cloud. The complaint, containing only one count, charged the defendants with negligence. The jury returned a verdict for the defendants. Plaintiff appeals.

Appellant complains by assignments of error Nos. 1 and 2 about certain statements in the oral charge of the trial court.

We…