Kendrick v. BIRMINGHNA SOUTHERN R. CO.

LAWSON, Justice.

This is the second appeal in this case. For opinion on former appeal see Birmingham Southern R. Co. v. Kendrick, 247 Ala. 573, 25 So.2d 419.

The suit is under the provisions of § 123, Title 7, Code 1940, the homicide statute. It was originally filed by Adella Kendrick, as administratrix of the estate of Carl L. Kendrick, deceased, against the Birmingham Southern Railroad Company. There was verdict and judgment for the plaintiff. On appeal by the defendant railroad company, we heid that the defendant was entitled to the general affirmative charge and because of the trial court’s…