Alabama Utilities Service Co. v. Hammond

' The action is under the homicide statute, Code, § 5695, a suit by the parent to recover damages for the death of his minor son caused by the alleged wrongful act or negligence of defendant.

Among the questions presented for review, appellant strongly insists it was due the affirmative charge.

Count A of the complaint, the sole count on which the case was submitted to the jury, avers:

«* * * Tirnl; on to-wit: October 22nd, 1930, plaintiff was in possession of a certain apartment in the building in the City of Montgomery, Alabama, located at or near the Northeast corner of Caroline and Mildred…