Anderson & Shackleford v. Birmingham Mineral Railroad

Appellants sued in caseto recover damages for the killing of two oxen. After the evidence had closed, the court instructed the jury that, if they believed the evidence, their verdict should be the de7 fendant. The giving of this charge is assigned as error. The rule is that when there is a conflict in the evidence on material facts, or when the facts are if such a character, if believed, as to admit of different conclusions, the affirmative charge should not be given. On the other hand, if the evidence is such that, if believed by the jury, only one inference is left open, it is not error for…