Lemons v. Allison

LAWSON, Justice.

This is a suit under the homicide statute, § 123, Title 7, Code 1940, by appellant, as administrator of the estate of B. L. Lemons, deceased, against appellee to recover damages for the alleged wrongful death of the intestate.

The case was submitted to the jury on Counts 1 and 1A charging negligence, Counts 2 and 2B, charging willful or wanton conduct, and on the plea of the general issue and on four special pleas of contributory negligence. There was jury verdict for the defendant, Billy Allison. The judgment was in accord with the verdict. Plaintiff’s motion for new trial was…