Wilson Bros. v. Mobile O. R. Co.

The report of this case upon former appeal will be found in 207 Ala. 171, 92 South. 246.

The question to the witness Turner as to the number of sparks, emitted, and to which an objection was sustained, could have been intended only to show that there was an unusual quantity or that they were of an unusual size, and the witness subsequently testified that the sparks were large and that this train threw out more than other trains; so, if there was error, it was without injury.

There was no error in giving charge 3 at the request of the defendant. It instructed a finding for the defendant only in…