Atlantic Coast Line R. Co. v. McEachern
Alabama Court of Appeals
Appeal from Circuit Co-urt, Houston County ; H. A. Pearce, Judge. Action by A. W. McEachern, administrator, etc., against the Atlantic Coast Line Railroad Company. Prom a judgment for plaintiff, defendant appeals. Affirmed.
1Opinion of the CourtSampord, J.
Action for damages for negligent killing -of a mule. The plaintiff,' by undisputed evidence, made out- his prima facie ease, which entitled him to a recovery, unless defendant acquitted itself of negligence, as is'provided by section 5476 of the Code of 1907. This, under, the evidence in this ease, was a question for the jury. The court did- not commit error in refusing to give, at the request of the defendant, the general affirmative charge.
We find no error in the record, and the judgment is affirmed.
2Cited by1 opinion
- L. N. R. Co. v. HolmesAlabama Court of Appeals · 1946