Brown v. Western Railway of Alabama

GOODWYN, Justice.

Appellant, Charlie Brown, as administrator of the estate of Willie Junior Brown, deceased, brought suit in the circuit court of Lee County against appellee, Western Railway of Alabama, to recover damages for the alleged wrongful death of said decedent caused by defendant’s train hitting him while he was “crossing” the railroad track. The complaint consisted of two counts, count 1 charging negligence and count 2 wantonness.

Defendant, for answer to the complaint as a whole and to each count, separately and severally, entered a plea in short by consent.

There was a jury trial. At…