Harper v. Griffin Lumber Co.

Suit under the homicide statute, section 119, Title 7, Code of 1940, by Mrs. Myrtle Vines Harper, who sues as the mother of Harvey Elwood Vines, Jr., deceased, against Griffin Lumber Company, a partnership composed of O. A. Griffin and E. J. Staub, and Griffin and Staub, individually.

On a former appeal of this cause to this Court it was held that defendants were entitled to the affirmative charge, and a judgment for plaintiff was reversed and the cause remanded. Griffin Lumber Co. v. Harper, 247 Ala. 616, 25 So.2d 505. The cause was retried in the court below on one count in which plaintiff…