Harris v. Schmaeling

SIMPSON, Justice.

This is a tort action under the Homicide Act by Ben F. Schmaeling, as executor of the estate of his father, John J. Schmaeling, deceased, against the appellant partnership and one George R. Harris, Jr. Harris was charged in the complaint, as the agent or servant of the appellant partnership, of so negligently operating the automobile of the partnership on the streets of Mobile, Alabama, as to proximately cause the death of John J. Schmaeling.

The case was tried in the Circuit Court of Mobile County and the jury returned a verdict in favor of the defendants. The plaintiff filed…