Central of Georgia Railway Co. v. Sanders
Alabama Court of Appeals
Appeal from Birmingham City Court. Heard before Hon. Charles W. Ferguson. Action by Martha T. Sanders against the Central of Georgia Railway Company for damages for directing plaintiff to take the wrong train. Judgment for plaintiff, and defendant appeals.
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Appeal from Birmingham City Court. Heard before Hon. Charles W. Ferguson. Action by Martha T. Sanders against the Central of Georgia Railway Company for damages for directing plaintiff to take the wrong train. Judgment for plaintiff, and defendant appeals. The charge referred to is as follows: “If the jury believe from the evidence that plaintiff had it in her power to produce her son, Robert Sanders, as a witness in this case, and if he possessed full knowledge of what occurred when plaintiff changed cars at Columbus, Ga., this, in the absence of any explanation for not procuring him as a…
1Opinion of the Court
WALKER, P. J. —
The assignment of error based upon the refusal by the trial court to give a written charge requested by the defendant cannot be sustained. The evidence on the trial showed that the absent person *634who was referred to in that charge was as accessible to the defendant as to the plaintiff., and did not show or indicate that he had knowledge of any material fact which' was not known to the plaintiff, and testified to by her, or that his testimony, if offered, would not have been merely cumulative, and in corroboration of that of the plaintiff. In such circumstances inferences…
2Cases cited4 opinions
- Central of Georgia Railway Co. v. WhiteSupreme Court of Alabama · 1911
- Bates v. MorrisSupreme Court of Alabama · 1893
- Brock v. StateSupreme Court of Alabama · 1898
- Liles v. Montgomery Traction Co.Alabama Court of Appeals · 1913
3Cited by4 opinions
- Nashville, Chattanooga & St. Louis Railway v. CrosbySupreme Court of Alabama · 1915
- Birmingham Ry., Light & Power Co. v. LittletonSupreme Court of Alabama · 1917
- Nashville, C. & St. L. Ry. v. YarbroughSupreme Court of Alabama · 1915
- Birmingham Water Works Co. v. WatleySupreme Court of Alabama · 1915