Southern Railway Co. v. Chitwood

The facts are sufficiently stated in the headnote. If the killing occurred at night, there may have been some question as to whether the evidence was sufficient to overcome the legal presumption of negligence. But the company has no cause of complaint as to this part of the charge. The instruction that *29the plaintiff was entitled to recover if the killing took place in the morning was the statement of a necessary legal conclusion, and not such an expression of opinion as is prohibited by the • Civil Code, § 4334. The parties were not at issue as to the fact of the killing, nor as to the…