Lambert v. Southern Ry. Co.

This case was tried on count B, a wanton count, and the burden of proof was not therefore upon the defendant, under section 9955 of the Code of 1923. A. G. S. R. Co. v. Smith, 71 So. 455, 196 Ala. 77; Jolley v. Southern R. R., 72 So. 382, 197 Ala. 60; Central of Georgia R. R. v. Moore, 75 So. 971, 200 Ala. 213; D. & N. R. R. v. Jones, 67 So. 691, 191 Ala. 485.

The deceased was killed early in the morning just before or about daylight, and there were but two eyewitnesses to the accident, Joe McCurrie and Lewis Leonard. ’ If the testimony of McCurrie .be. true, the defendant was entitled to the…