Southern Railway Co. v. Linear

This case was tried before a circuit judge without ■ the intervention of a jury. He decided the controversy *544in favor of the defendants in error, and, on appeal to the court of civil appeals, that judgment was affirmed. We think there was error in these judgments. The facts disclosed by the record are these:

The railway company, some time before the suit was brought, sent an agent to Union Springs” Ala., and there employed Linear and several other persons to work for it on its lines of railway. Giving the evidence the construction most favorable to the contention of the defendants in error, the…