Mobile Electric Co. v. Fritz

■MAYFIELD, J.

The action is under the homicide statute to recover damages for defendant’s wrongfully causing the death of plaintiff’s intestate. The wrong relied upon for cause of the death was defendant’s allowing a heavily and dangerously charged electric wire to fall, or remain down, in a public street in the city of Mobile, with which wire deceased, while using the street, came in contact, and was thereby killed. One count relied upon wantonness in defendant’s allowing the wire to fall or to remain down while it was so dangerously charged with electricity; while the other charged only…