Lee v. Southern Railway Co.

McALLISTER, Circuit Judge.

In these cases, brought to recover damages for the death of appellees’ decedents, resulting from the alleged negligence of appellant, jury verdicts were returned in favor of appellees, on which judgments were entered.

A review of the record discloses that the evidence presented a case for the jury on the question of appellant’s liability for negligence.

Appellant claims that the trial court erred in refusing to charge the jury, as requested by appellant, that “if contributory negligence appears during the plaintiffs’ evidence, then the burden of proof of contributory…