Louisiana Ry. & Nav. Co. v. Reynolds

(after stating the facts as above). The court in the charge submitted in separate paragraphs the three distinct grounds of negligence alleged In the petition, and authorized a verdict in favor of appellee upon a favorable finding by the jury upon “either or all” of the paragraphs. The appellant entered timely exception to the charge, and requested a peremptory instruction, which was refused, because the evidence established that the injury to appellee was an accident. We conclude that the appellant’s contention should be sustained, as the circumstances preclude any other rational conclusion…