Johnson v. Battles

*627LAWSON, Justice.

This is a suit brought by Mrs. Mae Battles, as administratrix, under the homicide statute, § 123, Title 7, Code 1940, against Thomas Lawrence Johnson for the .unlawful death of her husband, George 'Battles.

The case was submitted to the jury on one count charging simple negligence, and the plea of' the general issue in short by consent in the usual form. There was jury verdict for plaintiff. Judgment was in accord-with the verdict. -Defendant’s motion- for new trial was overruled and he has appealed to this court.

Reversal of the judgment appealed from is sought on…