Alabama Power Co. v. Berry

SIMPSON, Justice.

The judgment here reviewed is one awarding damages to S. L. Berry, a minor who sues by his 'father as next friend, for serious and painful injuries alleged to have been caused by accidentally and unknowingly walking against or stepping upon a wire which was dangling or hanging down from defendant’s high-voltage electric power transmission line, while he was cutting corn tops in his father’s cornfield. Suit was filed some six years after the alleged oocurrence.

The refusal to the defendant of the affirmative charge constitutes the vital assignment of error and is the question…