Alabama Power Co. v. Stogner

This was an action by appellee for recovery of damages for the alleged wrongful killing of Willie Stogner, his four year old son. brought under the provisions of section 24S5 of the Code. of 1907. The first count of the amended complaint ascribed the death to simple negligence of defendant’s servants, agents, or employés in operating ,one of defendant’s street cars. The second count ascribed said death to a wanton act. Demurrers to the complaint as amended were overruled. The court gave the affirmative charge for the defendant as to count 2. Defendant filed a plea of not guilty, and pleas 2…