Hamm v. Continental Cresent Lines, Inc.

GROOMS, District Judge.

The defendant has filed a motion to dismiss Count Two of the complaint. In Count One the plaintiff, suing as Administrator of the Estate of Alice Mae Lampkin, claims the sum of $10,000.00 as damages under the Alabama Homicide Act (Title 7, Section 123, Code of Alabama 1940) for the wrongful death of his intestate. Under Count Two of the complaint the plaintiff claims the sum of $500.00 for damages to an automobile driven by his intestate at the time of her injury and death. It is averred in said count that “said intestate was the bailee of the vehicle operated by her at…