SIMPSON, Justice.
This is a tort action under the Homicide Act by Ben F. Schmaeling, as executor of the estate of his father, John J. Schmaeling, deceased, against the appellant partnership and one George R. Harris, Jr. Harris was charged in the complaint, as the agent or servant of the appellant partnership, of so negligently operating the automobile of the partnership on the streets of Mobile, Alabama, as to proximately cause the death of John J. Schmaeling.
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