Smith v. Tripp

BROWN, Justice.

This is an action on the case by the administratrix of Roscoe Tripp, deceased, under the Homicide Act, Code 1940, Tit. 7, § 123, against William Edward Smith and the Standard Oil Company of Kentucky, a corporation, for wrongfully causing the death of plaintiff’s intestate on the 3rd of August, 1943.

The verdict for the plaintiff was returned by the jury under count one of the complaint, which averred as inducement that, “plaintiff’s intestate occupied an automobile truck then and there being operated on a public highway of the State of Alabama, namely, the Bee Line Highway,…