Barber Pure Milk Company v. Vernice

MAYFIELD, Justice. This is an appeal from final judgments rendered in behalf of both appellees, the plaintiffs below, by the
circuit court of Jefferson County. This appeal involves two actions, one for personal injuries to the plaintiff, Vernice Holmes,
and the other for loss of consortium on the part of her husband, Alva L. Holmes. Both here and in the trial court, the actions
were consolidated. The accident out of which these cases arose occurred on 9 February 1952 at approximately 9:00 A.M. According to the testimony
of Vernice Holmes, she had been in Greenwood's Cafe, Birmingham, shortly prior to the accident. As she left the cafe, she
proceeded north on the east sidewalk along 20th Street. There is an alleyway which separates Greenwood's Cafe from the Tutwiler
Hotel. As she approached this alleyway, she saw a milk truck drive into the alley which crosses the sidewalk. The truck stopped
in a position partially blocking the sidewalk directly in front of Mrs. Holmes. She described the truck as being cream colored
and bearing the name 'Baber Pure Milk' in red letters. As Mrs. Holmes approached the truck she stopped for a few seconds and
saw a negro man get out of the cab of the truck on the side on which she was standing, and run to the rear of the truck. As
Mrs. Holmes started across the alley and around the end of the truck the man who had just alighted from the cab of the truck
opened the rear door in a sudden manner causing it to strike her in the head. Mrs. Holmes has no knowledge of what happened
from the time she was struck by the door of the truck until she regained consciousness that afternoon in the office of Dr.
J. M. Donald, who is the physician of the Barber Milk Company. She does not know how she reached the company doctor's office,
located at Five Points, Birmingham. Mrs. Holmes did not know Dr. Donald and did not meet him until she regained consciousness
in his office.