Louisville N. R. Co. v. Green

It is suggested in brief of appellant’s counsel that the trial court held section 9955 of the Code of 1923 unconstitutional upon the authority of Western & Atlantic R. R. v. Henderson, 279 U. S. 639, 49 S. Ct. 445, 73 L. Ed. 884. The record does not disclose such an express ruling by the trial court, though the giving of certain charges, at the request of the defendant, would indicate that said' section 9955 was not applied to the case in hand. On the other hand, as we view this ease, the defendant was' entitled to the general charge but for said section, as there was no proof that the…