Louisville N. R. Co. v. Davis

GARDNER, Justice.

This action is under our homicide statute (section 5696, Code 1923), and no question presented on former appeal is of controlling interest here. Davis v. Louisville & Nashville R. R. Co., 232 Ala. 382, 168 So. 449.

Under plaintiff’s theory of the case her intestate was struck and killed by defendant’s train at a public street crossing in the city of Bessemer between 11:30 and 12 o’clock at night.

Defendants insist it was not known decedent was struck by the train, but, if so, it was not at the crossing but some dis tance north of the crossing, and offered much proof to…