Alabama Great Southern Railroad Co. v. Evans

MADDOX, Justice.

Plaintiff, Junie Viola Chambers Evans, who sued as Executrix of the Estate of her deceased husband, W. R. Evans, was awarded $25,000 against the Alabama Great Southern Railroad in a wrongful death action. The railroad appealed from the $25,000 judgment and from the judgment of the trial court in overruling its motion for a new trial.

The cause was submitted to the jury on three counts. Counts three and five of the complaint relied solely on the conduct of the railroad’s engineer, Jesse Sahm, and since the jury exonerated Jesse Sahm, each party agrees that under established…