Owen v. McDonald

FAULKNER, Justice.

Lloyd R. Owen appeals from a judgment in favor of the defendant, Norman Gale McDonald, in a suit in the Circuit Court of Madison County, for the wrongful death of his three-year-old daughter, Deanna Jo. The suit was brought under the provisions of Title 7, § 119, Code of Alabama 1940, Recompiled 1958.

The complaint consisted of one count alleging simple negligence. McDonald pleaded the general issue and contributory negligence on the part of Mrs. Owens, for negligently allowing the child to play in or about the street where the fatality occurred.

There is one assignment of…