Cherry v. Hill

Appellant’s son, 8 years of age, was killed on a public highway by the impact of an automobile driven by appellee while she was enroute to her place of employment, after quitting time, to retrieve her-purse that she had inadvertently left behind. Judgment, on a plea of the general issue, was for the defendant in the circuit court of Lauderdale County where plaintiff brought suit to recover damages under the “Homicide Act” of Alabama. Title 7, §§ 119, 123, Code of Alabama 1940, as Recompiled in 1958. The plaintiff appeals.

The impact causing the death of plaintiff’s child occurred on a public…