Atlantic Coast Line R. v. J. S. Carroll Mercantile Co.

On a former appeal of this case we held that the trial judge erred in refusing to give for defendant the general affirmative charge — this upon the theory that under the pleadings the i>laintiff had assumed the burden of proving that the mules shown to have been injured were injured by reason of the negligence of the defendant, or its servants in charge of the train, and that there was no evidence to show such an injury. A. C. L. R. R. Co. v. J. S. Carroll Merc. Co., 206 Ala. 320, 89 South. 509.

On romandment the pleadings were revised, and the cause went to trial on a count based merely on…