Firestone Tire and Rubber Company v. W. A.
AL.71 , 87 So. 2d 829, 433 (1956)(264 Ala)
Supreme Court of Alabama
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GOODWYN, Justice. Lula Nixon brought suit against The Firestone Tire and Rubber Company, a corporation, to recover damages
for personal injuries allegedly received in a motor vehicle accident at the intersection of Owen Avenue and Center Street
in Bessemer, Alabama. The complaint consists of one count in which it is alleged that plaintiff, at the time of the accident,
was riding as a guest passenger in an automobile along Owen Avenue near its intersection with Center Street; that, upon approaching
Center Street, the defendant's agent, who was then and there acting within the line and scope of his employment, 'negligently
drove or operated an automobile truck of defendant's out of said Center Street into Owen Avenue, directly in front of the
automobile in which plaintiff was riding as a guest'; and that 'as a proximate result of such negligence the automobile in
which plaintiff was riding as a guest struck the automobile truck of the defendant', causing the plaintiff's injuries. Damages
are claimed for cuts and bruises resulting in mental and physical suffering and also for permanent injuries. For answer to
the complaint the defendant interposed a plea in short by consent. The jury returned a verdict in favor of plaintiff for $2,000 and judgment was rendered thereon. Thereafter, defendant filed
a motion for a new trial, which was overruled. From said judgment and the ruling on said motion defendant brought this appeal.