Legal Opinion

Central of Georgia Ry. Co. v. Faust

Alabama Court of Appeals

Decided April 22, 1919No. 7 Div. 550Published

Appeal from Circuit Court, Randolph County; S. L. Brewer, Judge. Action by W. B. Faust against the Central of Qeorgia Railway Company. Judgment for plaintiff, and defendant appeals.

1Opinion of the CourtBrown, P. J.

[1] The court, at the request of the defendant^ gave the affirmative charge in its favor as to count 7 and also instructed the jury, in writing, that if they believed the evidence in the case they could not find the defendant guilty of wantonness. These charges eliminate from further consideration the issues as presented by counts 6, 7 and 10; and, if the (demurrers to these counts were improperly overruled, the ruling of the court was without injury to the defendant. This left in the case the simple negligence counts. The sufficiency of counts 1 and 4 are not questioned by any of the…

2Cases cited14 opinions

  1. Southern Railway Co. v. KirschSupreme Court of Alabama · 1907
  2. L. & N. R. R. v. CalvertSupreme Court of Alabama · 1911
  3. Central of Georgia Railway Co. v. BarnettSupreme Court of Alabama · 1907
  4. Central of Georgia Ry. Co. v. HyattSupreme Court of Alabama · 1907
  5. Woodward Iron Co. v. AndrewsSupreme Court of Alabama · 1896

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