Alabama Great Southern R. Co. v. Swain

GARDNER, Chief Justice.

The suit is by the father under our homicide statute, Title 7, § 119, Code 1940, for the death of his minor child — three years of age. From a judgment for the plaintiff defendant appeals.

Plaintiff’s child was a passenger in a truck driven by its grandfather. The defendant’s “streamlined” passenger train en route from Meridian, Mississippi, to Birnungham, Alabama, which was being operated at the time under a “run late order of 20 minutes,” collided with the truck in the city of Bessemer, at the 15th Street Crossing at about 2:30 P.M., on September 2, 1945; the weather…