Alabama Great Southern R. v. Alsup

FOSTER, Circuit Judge.

Appellee, Roy Alsup, brought this suit against Alabama Great Southern Railroad Co. and Oscar Sims, one of that company’s employees, to recover damages for personal injuries, incurred while a passenger. The case was tried to a jury and resulted" in a verdict of $5,000, against both defendants, upon which judgment was entered.

Error is assigned to the refusal of a directed verdict for defendants and to portions of the charge of the court. These assignments may be considered together.

The case was submitted on conflicting evidence but there is enough testimony in the record,…