Davis v. Birmingham Electric Co.

BROWN, Justice.

This appeal is prosecuted by the plaintiff from a judgment entered on the verdict of the jury in favor of the defendant followed by motion for new trial which was 'overruled. The plaintiff sues as the administratrix of her deceased husband to recover damages for his wrongful death under the homicide act. Code of 1940, Tit. 7, § 123.

There was but one count in the complaint which avers that said intestate was a trespasser on the defendant’s street car track and that he was negligently run upon and killed by the street car after the driver of the car discovered said intestate in a…