Central of Georgia Ry. Co. v. Lee

BOULDIN, Justice.

The action is under the Homicide Act (Code 1923, § 5696), based on alleged negligence after discovery of peril.

On former appeal (Central of Georgia Ry. Co. v. Lee, 225 Ala. 283, 142 So. 660), we held that singling out the evidence most favorable to plaintiff a jury case was presented, and the affirmative charge for defendant was properly refused; but that the great weight of the evidence disclosed such state of facts that any inference of negligence as charged would be a mere matter of conjecture, and a new trial was awarded.

In view of a new trial, a discussion of the…