Mildred Simpson v. Carey E. Glenn

SIMPSON, Justice. This is an appeal from a judgment granting plaintiff's motion for a new trial in a wrongful death action
in which the jury found for the defendant (appellant). The basis of the trial Judge's decision as shown by the judgment was
the claimed error in giving defendant's written Charge Z, to wit: 'The court charges the jury that if you are reasonably satisfied from the evidence that Mrs. Glenn was crossing 12th Street
Southwest, at Princeton Alley, then in such event she was guilty of negligence as a matter of law.' Plaintiff's intestate
was run down by the automobile of the defendant while attempting to cross 12th Street at the place stated in the charge in
the city of Birmingham in the nighttime. This conduct of the plaintiff's intestate was in violation of Sec. 1292(a) of the
General City Code of Birmingham of 1944, which reads as follows: