Pike Taxi Co. v. Patterson

BROWN, Justice.

This action is by the personal representative of Geneva Jackson, deceased, authorized by § 123, Title 7, Code of 1940 — the Homicide Act' — against the appellant Pike Taxi Company, Inc., a corporation, for allegedly causing her death wrongfully.

The cause was submitted to the jury on “count one” of the complaint after the wanton count, “count two”, was stricken or withdrawn by the plaintiff. Said count one avers that, “On, towit, the 2nd day of February, 1950, an agent, servant or employee of the defendant, while acting within’ the line and scope of his employment as such so…