Caudle v. Birmingham Electric Co.

STAKELY, Justice.

This action was brought by the appellant against the appellee under the Homicide Act (§ 123, Title 7, Code of 1940) for the wrongful death of appellant’s son, Henry Arnold Caudle. The case was tried on one count of the complaint which charged simple negligence and the defendant’s general denial of the allegations of the complaint under the plea of the general issue. Trial of the case before the jury resulted in .a verdict for the defendant. Hence this appeal.

On February 18, 1940, at about-12:53 a. m. the defendant was operating its street car No. 523, going eastward on Third…