Blackwell v. Alabama Power Company

COLEMAN, Justice.

This is an appeal by plaintiff from judgment for defendant in action for wrongful death of plaintiff’s twelve-year-old son, hereinafter sometimes referred to as the intestate, who was allegedly killed as the proximate result of the negligence of defendant in maintaining its electric wires through a tree which the boy was climbing when he met his death.

At defendant’s request, the court gave the following written charge:

“1. (a) The Court charges the jury that under the evidence in this case your verdict must be for the defendant.”

On this appeal, plaintiff insists that the court…