Mobile Light R. Co. v. Nicholas

KNIGHT, Justice.

This is a suit by a father for the death of his minor child under the Homicide Act (Code 1923, § 5695).

The case was submitted to the jury under three counts of the complaint. Count 1, as amended, ascribed the death of plaintiff’s intestate, a child under seven years of age, to a wanton wrong by an agent or servant of the defendant, while acting within the line and scope of his employment in the operation of one of defendant’s street cars. Counts 2 and 5, each, charge simple negligence. In count 5 the death of plaintiff’s intestate is charged to the negligent failure of…