Perry v. Atlantic Coast Line R. Co.

CARR, Judge.

This is an action for damage for the alleged negligehce in killing six hogs.

In the court below the trial judge gave the general affirmative charge for the defendant, the Atlantic Coast Line Railroad Company. This action of the court presents the controlling question on this appeal.

It is axiomatic that the general affirmative charge should not be given for the defendant when there is the slightest evidence tending to prove a right of recovery by the plaintiff; or if there is evidence reasonably affording an inference adverse to the right of recovery by the defendant. McMillan v.…