Stinson v. Atlantic Coast Line Railroad Company

MERRILL, Justice.

This is the second appeal in this cause. On the first trial in circuit court, judgment was entered in favor of plaintiff Stinson. On appeal, this court decided that the defendant, Atlantic Coast Line Railroad Company, was entitled to the affirmative charge, and the judgment was reversed and the cause remanded. Atlantic Coast Line Railroad Co. v. Stinson, 264 Ala. 522, 88 So.2d 189. Under these circumstances, there being no final judgment, it was impossible to apply to the Supreme Court of the United States for a review of the decision of this court.

When the cause again came…