Elliott v. Northern Alabama Ry. Co.

At 6 o’clock of the morning of March 12, 1927, the body of plaintiff’s intestate was found on the track of defendant’s railroad, decapitated and mangled in a manner which indicated that, if intestate had been alive upon the track, a train of defendant’s had caused his death and that some hours before his body was discovered. After hearing the evidence adduced by plaintiff, the trial court gave the general affirmative charge for defendant. Hence this appeal.

In order that there may be no misapprehension of the two opinions, we note that on the former appeal in this case (219 Ala. 423, 122 So.…