Mobile & Ohio Railroad v. Minor
Alabama Court of Appeals
Appeal from. Chilton. Circuit Court. Heard before Hon. W. W. Pearson. Action by Thomas B. Minor against the Mobile & Ohio Railroad Company, for damages for injury to stock. Judgment for plaintiff and defendant appeals. In its original brief, appellant discusses the errors assigned with citation of authority, but in view of the opinion, it is not deemed necessary to here set them- out.
Read the full summary
Appeal from. Chilton. Circuit Court. Heard before Hon. W. W. Pearson. Action by Thomas B. Minor against the Mobile & Ohio Railroad Company, for damages for injury to stock. Judgment for plaintiff and defendant appeals. In its original brief, appellant discusses the errors assigned with citation of authority, but in view of the opinion, it is not deemed necessary to here set them- out. On application for rehearing, it is insisted that the bill of exceptions shows that the charges were separately and severally requested, and that as the verdict of the jury is plainly and palpably opposed to the…
1Opinion of the CourtWalker, P. J.
The principal claim made in the argument of the counsel for the appellant is that the judgment should be reversed because of alleged error in refusing to give written charges requested by it. In reference to the manner in which those charges were presented to the court, the bill of exceptions contains this statement: “At this junction in the proceedings, the above and foregoing being all the evidence in the case, the defendant requested the court to give to the jury the following special charges in writing; that is to say.” Then follow six written charges. This recital reasonably imports that…
2Cases cited1 opinion
- Yeats v. StateSupreme Court of Alabama · 1904
3Cited by3 opinions
- Woods v. StateAlabama Court of Appeals · 1914
- Ryerson Grain Co. v. MoyerAlabama Court of Appeals · 1913
- Tombigbee V. R. R. v. MorrisAlabama Court of Appeals · 1914