Atlantic Coast Line Railroad v. Larisey

On Rehearing

Appellee argues that our holding here overrules the cases of Alabama Power Co. v. Talmadge, 207 Ala. 86, 93 So. 548, and United States Steel Co. v. Butler, 260 Ala. 190, 69 So.2d 685.

The statement of the holding in the Talmadge case which it is charged that we have overruled is:

“ * * * if defendants challenged the inferences which plaintiff sought to have the jury draw from the evidence that plaintiff was able to adduce from other sources, as defendants no doubt did, it was proper matter of comment that defendants had failed to produce the testimony of its employes in charge of…