Smith v. Birmingham Transit Corporation

The original opinion in this cause is withdrawn and the following is substituted therefor as the opinion of the court. Northwestern Mut. Life Insurance Company, a Corp. v. Workman, 283 Ala. 127, 214 So.2d 690.

This is a suit for damages for personal injuries allegedly sustained by the appellant, plaintiff below, when a motor bus owned by appellee Birmingham Transit Corporation, A Corporation, hereinafter referred to as “BTC,” and operated by appellee Andrew Cone, ran against appellant while he was a pedestrian. The accident occurred on January 25, 1965, between Fourth and Fifth Avenue, North,…