Ex parte Southern Ry. Co.
Supreme Court of Alabama
Certiorari to Court of Appeals. Petition by the Southern Railway Company for certiorari to the Court of Appeals to review its judgment affirming the judgment -of the trial court, reported as So. By. v. Cobb, 6 Ala. App. 459; 60 South. 426, where the charge complained of may be found set out. The appellate, court was in error in holding that charge A misplaced the burden of proof, and should have held that the charge asserted a correct proposition of law. — So. By.
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Certiorari to Court of Appeals. Petition by the Southern Railway Company for certiorari to the Court of Appeals to review its judgment affirming the judgment -of the trial court, reported as So. By. v. Cobb, 6 Ala. App. 459; 60 South. 426, where the charge complained of may be found set out. The appellate, court was in error in holding that charge A misplaced the burden of proof, and should have held that the charge asserted a correct proposition of law. — So. By. Co. v. Smith, 50 South. 390; sec. 5476, Code 1907; Mr. Min. R. R. Co. V.. Harris, 98 Ala. 826. The case of So. Ry. v. Penney, 164…
1Opinion of the CourtAnderson, J.
The Court of Appeals folloAved the case of Southern R. R. Co. v. Penney, 164 Ala. 188, 51 South. 392, as to the construction given section 5476 of the Code of 1907 as to the burden of proof. It is now insisted that this case is wrong, and is opposed by the case of Southern R. R. Co. v. Smith, 163 Ala. 174, 50 South. 390.
Section 5476 of the Code of 1907 is practically a re-adoption of the act of 1887, Avhich appeared in the margin of the Code of 1886, but which said act Avas not embraced in the Code of 1896, and which said Code contained a section practically the same as section 1147 of the…
2Cases cited8 opinions
- Birmingham Mineral R. R. v. HarrisSupreme Court of Alabama · 1893
- Louisville & Nashville R. R. v. HollandSupreme Court of Alabama · 1909
- Carlisle v. Alabama Great Southern RailwaySupreme Court of Alabama · 1909
- Southern Railway Co. v. SmithSupreme Court of Alabama · 1909
- Geo. Pacific Railway Co. v. HughesSupreme Court of Alabama · 1888
3 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Louisville N. R. Co. v. GreenSupreme Court of Alabama · 1931
- Louisville & Nashville Railroad v. MoranSupreme Court of Alabama · 1914
- Louisville & Nashville R. R. v. JonesSupreme Court of Alabama · 1914
- Empire Coal Co. v. MartinSupreme Court of Alabama · 1914
- Central of Georgia Ry. Co. v. WilliamsSupreme Court of Alabama · 1917
15 more not listed; retrieve them via the Exa API.