Carr v. Alabama Great Southern Railroad Co.

JOHNSON, Judge.

Upon consideration of the application of the appellant for a rehearing, the former opinion is withdrawn and the following becomes the opinion of the court.

This is an action by the appellant, plaintiff below, against the appellee railroad company, defendant below, for the negligent killing of a cow. The trial court gave an affirmative charge requested by the railroad and a judgment was rendered for the railroad in accordance with a jury verdict. The plaintiff complains of the action of the trial court in giving the affirmative charge requested by the railroad.

Testimony given by…