Southerland v. Davis Agent

The opinion of the Court was delivered by

Mr. Justice Marion.

The plaintiff, section foreman in the employ of the defendant, was injured while in the discharge of his duties, and thereafter brought this action against the defendant for the recovery of damages. From judgment on verdict in favor of the plaintiff for the sum of $5,790, the defendant appeals.

The exceptions, five in number, raise three points.

The first is grounded upon the refusal of the trial

Judge, Hon. I. W. Bowman, to charge:

“That, even if the jury find that the defendant company was guilty of negligence, yet, if they find that…