National Biscuit Co. v. Wilson

LAWSON, Justice.

This is an appeal from a' judgment rendered in the circuit court of Jefferson County against National Biscuit Company, a corporation, and Raymond Carter Sellers, defendants below and appellants here, and in favor of Jessie Beatrice Wilson, as administratrix of the estate of Grady Smith Wilson, deceased. The suit was brought under the so-called homicide or wrongful death statute. § 123, Title 7, Code 1940.

The complaint as originally filed contained two counts, the first charging simple negligence, the second charging wantonness. The second count was stricken on motion of…