ALABAMA POWER COMPANY v. KIRKPATRICK

1 Div. 586.

105 So.2d 855 (1957)

ALABAMA POWER COMPANY v. Jasper L. KIRKPATRICK.

Supreme Court of Alabama.

Rehearing Granted June 12, 1958.

Further Rehearing Denied October 30, 1958.


Attorney(s) appearing for the Case

Inge, Twitty, Ambrecht & Jackson and Thos. E. Twitty, Mobile, and Martin & Blakey, Alvin W. Vogtle, Jr., and Harold F. Herring, Birmingham, for appellant.

Johnston, McCall & Johnston, Mobile, and Hill, Hill, Whiting & Harris, Montgomery, for appellee.


GOODWYN, Justice.

This action was brought by appellee under Code 1940, Tit. 7, § 119, to recover for injuries causing the death of his minor son. The alleged negligence of the defendant, appellant here, consisted of the maintenance of an unguarded power transmission tower in such a way as to constitute the tower an attractive nuisance to children of tender years. The case was tried before a jury on the general issue and a special plea of contributory negligence...

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