SIMPSON, Justice.
This is an action under the Homicide Statute (Tit. 7, § 123, Ala.Code 1940) where plaintiff recovered a judgment against defendant for the death of her intestate resulting from an automobile collision between an automobile being operated by the defendant and an automobile being operated by plaintiff's intestate.
The case went to the jury on Counts 1 and 2, charging simple negligence and
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