Choate v. Alabama Great Southern R. R.
Supreme Court of Alabama
Appeal from Jefferson Circuit Court. Heard before Hon. A. O. Lane. Action by J. C. Choate against the Alabama Great Southern Railroad Company, for injuries received while in the employment of the defendant. There was judgment for plaintiff, and on motion of defendant, the verdict was set aside and a new trial granted. From this order plaintiff appeals.
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Appeal from Jefferson Circuit Court. Heard before Hon. A. O. Lane. Action by J. C. Choate against the Alabama Great Southern Railroad Company, for injuries received while in the employment of the defendant. There was judgment for plaintiff, and on motion of defendant, the verdict was set aside and a new trial granted. From this order plaintiff appeals. The right of appeal exists. — Sec. 2846, Code 1907. Error must affirmatively appear to overcome the presumption indulged as to the correctness of the trial court’s rulings. — Sander’s v. Steen, 128 Ala. 633; Gcmley v. The State} 133 Ala. 136.…
1Opinion of the CourtMayfield, J.
The propriety or correctness of a trial court’s granting a new trial upon the sole ground that the clerk of the court had lost the charges which were refused to the party moving for the new trial, without the fault or neglect of such party, is presented for decision on this appeal.
Our statutes require trial courts to give or refuse— and so mark and sign — any number of written - charges moved for by either party, and provide that such charges then become a part of the record. Those charges given are taken out bv the jury, when they retire for* the consideration of the case, while those…
2Cases cited2 opinions
- Adkinson v. KeelSupreme Court of Alabama · 1854
- Pruit v. PruitSupreme Court of Alabama · 1869
3Cited by26 opinions
- Denson v. Alabama Fuel & Iron Co.Supreme Court of Alabama · 1916
- Burnwell Coal Co. v. SetzerSupreme Court of Alabama · 1914
- Lawson v. General Telephone Company of AlabamaSupreme Court of Alabama · 1972
- Davis v. StateAlabama Court of Appeals · 1913
- Cook v. Sheffield Co.Supreme Court of Alabama · 1921
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