Brown Funeral Homes Ins. Co. v. Baughn

THOMAS, Justice.

This case was submitted on count 3. The action of the trial court in overruling the demurrer to count 3 is not presented in argument, and will not be here considered. Georgia Cotton Co. v. Lee, 196 Ala. 599, 72 So. 158.

The refusal of affirmative instructions requested by defendant is urged. The rules as to the giving and refusing of the general affirmative charge are well understood. McMillan v. Aiken, 205 Ala. 35, 40, 88 So. 135.

It is true that he who affirms negligence has the burden of showing the causal connection between the injury and the negligence or omission charged.…