Southern Ry. Co. v. Sherrill

THOMAS, Justice.

The suit was under the homicide statute (Code 1923, § 5696), and the trial had on count Z, which reads as follows:

“Plaintiff who sues as the executrix of the estate of Wiley Earnest Sherrill, deceased, claims of the defendants, One Hundred Thousand Dollars ($100,000.-00), damages, for that on to-wit, December 27, 1933, plaintiff’s intestate, while in such close proximity to the railroad track of the defendant, Southern Railway Company, as to be struck by an engine moving along said track, was struck by a locomotive of said defendant while said locomotive was travelling on said…