Chestang v. Kirk

The general affirmative charge was requested by the defendants and given by the court.

Affirmative instruction should not be given if there are adverse inferences that may be drawn from the evidence by the jury. McMillan v. Aiken, 205 Ala. 35, 40, 88 So. 135. And such is the rule if the scintilla of adverse evidence is developed by the cross-examination of any witness, thus. presenting a jury question. Jones v. Bell, 201 Ala. 336, 77 So. 998. Such is the effect of the scintilla of evidence rule that obtains in this jurisdiction. Finney v. Long, 216 Ala. 628, 114 So. 200; Cleveland Laundry…