City Ice Delivery Co. v. Goode

This is an action on the case under the homicide act (section 5696, Code) by the personal representative of M. C. Goode, deceased, against the appellant for wrongfully causing the death of said Goode.

Count 1 of the complaint, as last amended, avers that, “while plaintiff’s intestate was by invitation or request of defendant,” on defendant’s mule lot, “a mule of which, on said occasion, defendant was in charge or control, kicked or struck plaintiff’s intestate and as a proximate consequence thereof plaintiff died.” Plaintiff further avers “that on said occasion defendant negligently caused or…