Simpson v. Birmingham Electric Co.

MERRILL, Justice.

This is a suit brought by Horace Simpson as administrator of the estate of Novella Simpson, deceased, to recover damages for the death of plaintiff’s decedent arising out of the running over of Novella Simpson by a street car of defendant between Ensley and Pratt City on July 7, 1943.

Novella Simpson was walking north on a trestle about 9 o’clock at night. The street car approached the trestle around a curve to the left from the south or the Ensley end of the tracks. It was undisputed that the deceased was a trespasser, that she ran to get off the trestle, fell before she…