Scuddy Coal Company v. Couch

SIMS, Justice.

Appellee, Columbus Couch, recovered judgment against appellant, Scuddy Coal Company, of $5,650.40 for personal injuries and doctors’ bills. In seeking a reversal appellant insists the court erred: 1. In not directing a verdict in its favor; 2. in giving instruction No. 2. As we have reached the conclusion the first ground is meritorious, we will not discuss the second.

Appellee was the only witness who testified concerning the accident itself. He was riding a mule down a hillside when he came to a railroad track used by appellant to transport coal from its mine to a near-by…