Mobile Light & Railroad v. Roberts

Plaintiff’s intestate, Roberts, was hilled by defendant’s electrically driven street car, at a point in Royal street a little north of its intersection with Madison street, in the city of Mobile. The cause of action was stated in two counts submitted to the jury, viz., the first and third counts. The former declared generally upon the negligence of defendant’s motorman in the management of the street car on that occasion; and the latter count ascribed intestate’s death to the failure to exercise due care and diligence to avert his injury after the motorman became aware of intestate’s peril.

Asi…