A. B. C. Truck Lines, Inc. v. Kenemer

SIMPSON, Justice.

The plaintiff, A. B. C. Truck Lines, Inc., brought suit against defendant,' Kenemer, in the circuit court of Jefferson County, Alabama, for damages to one of plaintiff’s trucks suffered in a collision with a truck of defendant, the action being predicated on the negligence of Kenemer’s truck driver.

The defendant interposed pleas of res judicata. The trial court overruled the demurrers to the pleas and plaintiff then filed replications, to which demurrers were sustained and because of these adverse rulings the plaintiff nonsuited the cause and appealed.

The first plea alleged…