McCORD, Circuit Judge.
The plaintiff, under the Alabama homicide statute, Code 1940, Tit. 7, § 119, recovered a judgment against the defendant for the wrongful death of plaintiff's child. The deceased child, a girl five years old, was alleged to have been killed as a result of the negligence of one Sam Hardeman, a truck driver employed by the defendant, while acting within the line and scope of his employment. The complaint contained two counts; the first for...
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