Terminal Transport Co. v. Foster

McCORD, Circuit Judge.

The plaintiff, under the Alabama homicide statute, Code 1940, Tit. 7, § 119, recovered a judgment against, the defendant for the wrongful death of plaintiff’s child. The deceased child, a girl five years old, was alleged to have been killed as a result of the negligence of one Sam Hardeman, a truck driver employed by the defendant, while acting within the line and scope of his employment. The complaint contained two counts; the1 first for simple negligence, and the second for wanton injury, resulting in death.

The defendant interposed two defenses: (1) the general issue,…