Birmingham Amusements, Inc. v. Turner

The suit is under the homicide statute to recover damages for the death of Earle E. Turner, Jr., a boy under eight years of age, who was killed in East Lake Park, Birmingham, Ala., on May 10, 1928, by contact with an electric current in the “third rail” of a miniature railroad operated by defendant amusement company. There was judgment for the plaintiff, from which defendant appeals.

The first question presented relates to the action of the court in overruling the demurrer to the complaint, count A. We find no error in this ruling. “Electricity is an illusive, in a degree uncontrollable, and a…