Southern Ry. Co. v. Quillen

FOSTER, Justice.

This is an action under the homicide statute, Code 1940, Tit. 7, § 123, in which plaintiff obtained a judgment, and the Southern Railway Company prosecutes-this appeal.

The case went to the jury on counts 4 and 6, and the appellant, to which we will refer as the defendant, insists that both of those counts are subject to the demurrer interposed.

That question involves-the real heart of the controversy, and, therefore, it is necessary, in order that those counts may be properly analyzed, to state the nature of the case as made by the evidence. It is-that in the city of Sheffield…