Sullivan v. Alabama Power Co.

SIMPSON, Justice.

The appeal challenges the correctness of an order granting a new trial grounded upon failure to direct a verdict for defendant. The trial court so ruled because of his conclusions that (1) no negligence was proven and (2) if proven, the intestate’s death was without the range of any rationally possible consequences of the described negligence, therefore not the proximate cause of death.

John Sullivan, husband of plaintiff, was killed instantly in his back yard while attempting to disengage, with an iron pipe, his children’s parachute from the 6900-volt power line of defendant…