Webb v. Alabama Great Southern R. Co.

THOMAS, Justice.

The court gave the affirmative charge for defendant and appellant requested the privilege of arguing to the jury the effect and credibility of the evidence. This request was denied. Hence the appeal.

An examination of the appellant’s brief reveals the insistence that a jury question was presented under our decisions. McMillan v. Aiken, 205 Ala. 35, 40, 88 So. 135.

In Byars v. Alabama Power Company, 233 Ala. 533, 172 So. 621, 623, it is said:

“If, however, the plaintiff made out a prima facie case, and the defense of contributory negligence was dependent upon oral testimony, the…