Birmingham Electric Co. v. Toner

STAKELY, Justice.

This is a suit brought by Mrs. Edna D. Toner, as administratrix of the estate of Frank Toner, deceased, against the Birmingham Electric Company to recover for the death of her intestate alleged to have been caused by the negligence of the servant, agent or employee of the defendant while engaged in the line and scope of his employment. Trial of the case resulted in a verdict and judgment for the defendant. Upon motion of the plaintiff the court set aside the verdict and judgment and granted the plaintiff a new trial. This appeal is from the ruling on that motion.

The motion…