ALABAMA GREAT SOUTHERN RAILROAD CO. v. EVANS

6 Div. 801 and 816.

256 So.2d 861 (1972)

The ALABAMA GREAT SOUTHERN RAILROAD COMPANY, a Corporation v. Junie Viola Chambers EVANS, who sues in her capacity as Executrix of the Estate of her deceased husband, W. R. Evans. Junie Viola Chambers EVANS, Executrix v. Jesse SAHM.

Supreme Court of Alabama.

January 6, 1972.


Attorney(s) appearing for the Case

Cabaniss, Johnston, Gardner & Clark and Crawford S. McGivaren, Jr., Birmingham, for appellant.

Rives, Peterson, Pettus, Conway & Burge, Birmingham, for appellee and cross-appellant.


MADDOX, Justice.

Plaintiff, Junie Viola Chambers Evans, who sued as Executrix of the Estate of her deceased husband, W. R. Evans, was awarded $25,000 against the Alabama Great Southern Railroad in a wrongful death action. The railroad appealed from the $25,000 judgment and from the judgment of the trial court in overruling its motion for a new trial.

The cause was submitted to the jury on three counts. Counts three and five of the complaint relied solely on...

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