Mount Vernon Co. v. Ala. Gt. Southern Railroad
Supreme Court of Alabama
Appeal from the Circuit Court of Etowah. Tried before the Hon. John B. Tally. This action was brought by the Mount Vernon Company, against the Alabama Great Southern Railroad Company; and sought to recover damages for failing to deliver certain cotton, alleged to have been delivered to the defendant for shipment. The facts are set out in full in the opinion of this court.
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Appeal from the Circuit Court of Etowah. Tried before the Hon. John B. Tally. This action was brought by the Mount Vernon Company, against the Alabama Great Southern Railroad Company; and sought to recover damages for failing to deliver certain cotton, alleged to have been delivered to the defendant for shipment. The facts are set out in full in the opinion of this court. On all the evidence, the court gave the general affirmative charge for the defendant.; and there being judgment for the defendant-, the plaintiff brings this appeal, and assigns the rulings of the court in giving this charge…
1Opinion of the CourtClopton, J.
The single assignment of error goes to giving the general affirmative charge on the written request of defendant. The principles, which govern the propriety of such a charge, are well settled. A party has a right to require an instruction as to the legal effect of the evidence, when it is in harmony, and different inferences can not be reasonably drawn therefrom, or, if conflicting in some respects, when the undisputed facts or those clearly proved, allowing all adverse inferences from the conflicting evidence, establish a legal con elusion in his favor. The suit being founded on defendant’s…
2Cases cited3 opinions
- Barron v. EldredgeMassachusetts Supreme Judicial Court · 1868
- Montgomery & Eufaula Railway Co. v. KolbSupreme Court of Alabama · 1882
- O'Neill v. . N.Y. Cen. H.R.R.R. Co.New York Court of Appeals · 1875
3Cited by8 opinions
- Louisville & Nashville R. R. v. TouartSupreme Court of Alabama · 1892
- 101 Live Stock Co. v. Kansas City, Memphis & Birmingham Railway Co.Missouri Court of Appeals · 1903
- Bosworth v. Chicago, M. & St. P. Ry. Co.Court of Appeals for the Seventh Circuit · 1898
- Southern Railway Co. v. RenesSupreme Court of Alabama · 1915
- Campbell v. Los Angeles & S. L. R. Co.Utah Supreme Court · 1928
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