Birmingham Southern R. Co. v. Kendrick

STAKELY, Justice.

This is a suit under the Homicide Act. § 123, Tit. 7, Code 1940. The case was submitted to the jury on two counts both charging subsequent negligence. Trial of the case resulted in a verdict and judgment for the plaintiff. Error is predicated on refusal of a number of written charges, including the affirmative charge, requested by appellant, and the action of the court in overruling motion for a new trial.

On December 5, 1943, at about 5:30 P. M. Central War Time in broad daylight, the body of Carl L. Kendrick was discovered by a train crew of appellant, lying between the…