Ex parte Konig

LIVINGSTON, Chief Justice.

This is a mandamus proceeding. So far as the question presented, the material facts are not in dispute.

On or about March 9, 1962, Charles W. Konig was in a collision with a truck belonging to the State Farm Mutual Insurance Company being driven by John D. Ramsey at the time of the collision, as agent for the State Farm Mutual Insurance Company, on Highway 31, near Prattville, Alabama.

Konig was arrested under a warrant which charged him with failure to yield a right of way. He was tried on said charge and ultimately acquitted. He filed suit in the Circuit Court of…