Atlantic & Birmingham Railway Co. v. Smith

1. In a suit against a railroad company for killing stock,, the court instructed the jury as follows: “If you believe from the evidence in the case, and from all the facts and surrounding circumstances, that the defendant did use all the means he possibly could, or such as the law requires; if you believe that he used all diligence in his power to keep from killing the mule,.it would be your duty to find, for the defendant.” The court immediately corrected the error complained of in this charge, as follows: “Now what I said about all diligence just now I correct that to this extent — exercise…