Legal Opinion

Wright v. Empire Coal Co.

Supreme Court of Alabama

Decided April 12, 1917PublishedCited by 27 opinions

Appeal from Walker Circuit Court. Heard before Hon. J. J. CURTIS. Ed Wright sued the Empire Coal Company and had judgment, which was set aside on motion of the defendant, and a new trial granted, from which latter order plaintiff appeals.

1Opinion of the CourtMayfield, J.

The only question presented on this appeal, is whether or not the trial court erred in setting aside a verdict in favor of plaintiff (appellant here) and awarding a new trial.

The record has been carefully examined, and we are not prepared to say that the trial court erred in awarding a new trial. While the trial court did not in terms give the affirmative charge for the defendant on every issue submitted to the jury, it did in effect so charge the jury; and many of the charges, which, under the undisputed evidence, were in effect the affirmative charge for the defendant, were given, not at…

2Cited by27 opinions

  1. Peddycoart v. City of BirminghamSupreme Court of Alabama · 1978
  2. Burns v. StateSupreme Court of Alabama · 1944
  3. State Ex Rel. Brooks v. GullattSupreme Court of Alabama · 1923
  4. Crowson v. CodySupreme Court of Alabama · 1926
  5. Tayloe v. DavisSupreme Court of Alabama · 1924

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