Sears, Roebuck & Co. v. Hamm

PRICE, Judge.

On January 3, 1951, plaintiff, while a pedestrian on a public street in Birmingham, Alabama, was struck and injured, by a motor truck which she alleges was being operated by an agent, servant or employee *260of the defendant, acting within the line and scope of his employment.

Plaintiff’s cause of action is stated in two counts, count 1 charging simple negligence, and count 2 charging wilful and wanton conduct. A demurrer to the complaint, and to each count separately and severally, was overruled and the cause was submitted to the jury on both counts of the complaint and defendant’s…