Jefferson County Burial Soc., Inc. v. Scott

This case, upon former appeal, is reported 218 Ala. 354, 118 So. 644.

While the first part of the oral charge as excepted to may have been slightly confusing, we do not think it improperly placed the burden of proof upon the defendant, especially in view of the fact that, after the objection thereto by the defendant’s counsel, the trial court stated to the jury there was no burden upon the defendant to “prove his plea at all.”

We also think that part of the oral charge as excepted to, as to damages, was free from reversible error. It properly stated the damages to which the plaintiff was…