Alabama Power Company v. Tatum

JONES, Justice.

This is an appeal by the defendant, Alabama Power Company, from a judgment for the plaintiffs ($35,000 for personal injury to nine-year-old Jimmy Ray Tatum and $5,000 for the derivative action by his father, Clarence Tatum), who alleged that their injuries and damages proximately resulted from the negligence of defendant in maintaining its electrical power lines through a tree which the boy was climbing when he was electrically burned.

The Power Company claims that the trial Court erred in giving at Tatums’ request the following instruction to the jury:

“I charge you, members of…