Southern Ry. Co. v. Milan

GARDNER, Chief Justice.

The Court of Appeals in approving the action of the trial court in giving written charge “3” requested by the plaintiff rested the ruling upon the decision in Birmingham Southern R. Co. v. Harrison, 203 Ala. 284, 82 So. 534, upon plaintiff’s given charge “3” in that case. Clearly enough, charge “3” in the Harrison case, supra, might well have been refused as bad in form by requiring a reference to the pleadings in the cause.

Charges so framed have been frequently condemned. Birmingham Ry. Light & Power Co. v. Fox, 174 Ala. 657, 56 So. 1013 ; Pennsylvania Fire Ins. Co. v.…