Ross Neely Motor Express, Inc. v. Robinson

CARR, Judge.

Edward Robinson filed suit against Ross Neely Motor Express, claiming property damages.

In the court below there was a verdict and judgment in favor of the plaintiff.

The damage was occasioned by a collision between Robinson’s automobile and a truck. The prime factual issue revolves around the inquiry of whether or not this was the appellant’s truck.

The collision occurred at about dark between Birmingham and Gadsden, at a point about one mile south of Springville. Appellee, his wife, and some small children were traveling north towards Gadsden. The truck was proceeding in the…