City of Birmingham v. Whitfield

SIMPSON, Judge.

This action was brought under the homocide act, Sec. 5695, Code 1923, for the wrongful death of the plaintiff’s five year old daughter. Upon verdict and judgment for plaintiff, defendant appealed to this court.

The complaint, in one count, upon which recovery proceeded, was: “Plaintiff, Marie Whitfield, claims of defendant, City of Birmingham, a municipal corporation, $5,-000.00, as damages, for that on Wednesday, August 3, 1938, plaintiff was and is now a citizen of said City of Birmingham, having her residence at 556 Gamma Street in said City, and was the mother of Sara…