I. Eugene Airheart v. Ernestine B. Green

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 wantonness. A verdict for the plaintiff for $135,000
was returned by the jury and the trial court entered judgment accordingly. Upon the filing by the plaintiff of a remittitur
of all damages in excess of $75,000, the defendant's motion for a new trial was overruled. A final judgment in the amount
of $75,000 was entered and this appeal followed.