Conner v. Foregger

BOULDIN, Justice.

A little boy, four years of age, was killed on a public highway by a passing automobile. Suit was brought under the homicide statute, Code 1940, Tit. 7, § 123. The complainant charged negligence on the part of the motorist, in the operation of the car, as the proximate cause of the child’s death. On the trial the jury returned a verdict for defendant.

A motion for new trial upon the ground that the verdict was opposed to the great weight of the evidence was overruled.

This ruling is assigned as error, and presents the question most pressed on this appeal.

Negligence, in such…