Burney v. Southern Railway Company

MERRILL, Justice.

This is an appeal from a judgment in favor of defendant in a libel suit and from the order overruling a motion for a new trial. The verdict was the result of the giving of the affirmative charge without hypothesis in favor of defendant on the ground that there was no publication of the libel.

Appellant was a railroad conductor assigned to the Norris Yard in Birmingham. D. E. Gwillim was an engineer and appellant’s co-worker on the job. Their work consisted of the switching of cars incident to interchange of cars with railroads other than Southern Railway. Appellant turned in…