CENTRAL OF GEORGIA RAILWAY COMPANY v. BURTON

6 Div. 800.

170 So.2d 812 (1965)

CENTRAL OF GEORGIA RAILWAY COMPANY et al. v. McElroy BURTON, Administrator.

Supreme Court of Alabama.

January 7, 1965.


Attorney(s) appearing for the Case

Sadler, Sadler, Sullivan & Herring, Birmingham, for appellants.

Higgins, Windham, Perdue & Johnson, Birmingham, for appellee.


LAWSON, Justice.

This suit was instituted by McElroy Burton, as the administrator of the estate of his mother, Janie Burton, deceased, under the wrongful death or homicide statute, § 123, Title 7, Code 1940, against Central of Georgia Railway Company and Edwin L. Cutcliffe.

The amended complaint upon which the case was submitted to the jury contained two counts. The first count charged negligence, the second was based on wantonness. The defendants pleaded...

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