Birmingham Electric Co. v. Freeman

BRICKEN, Presiding Judge.

Appellee brought suit against appellant to recover damages alleged to have been sustained by him as the proximate result of a collision between an automobile driven by him, and a street bus being driven by a servant, agent or employee of Birmingham Electric Company, which occurred at the intersection of Avenue C and 29th Street, South, in the City of Birmingham, Alabama.

As amended, there were two counts to the complaint. The first count charged simple negligence, and the second count charged willful and intentional, or wanton negligence.

Upon the trial, the plaintiff…