From Casetext: Smarter Legal Research

Atlantic Coast Line R. Co. v. McEachern

Court of Appeals of Alabama
Nov 14, 1922
94 So. 784 (Ala. Crim. App. 1922)

Opinion

4 Div. 780.

November 14, 1922.

Appeal from Circuit Court, Houston County; H.A. Pearce, Judge.

Action by A.W. McEachern, administrator, etc., against the Atlantic Coast Line Railroad Company. From a judgment for plaintiff, defendant appeals. Affirmed.

Arrington Arrington, of Montgomery, for appellant.

T.M. Espy, of Dothan, for appellee.


Action for damages for negligent killing of a mule. The plaintiff, by undisputed evidence, made out his prima facie case, which entitled him to a recovery, unless defendant acquitted itself of negligence, as is provided by section 5476 of the Code of 1907. This, under the evidence in this case, was a question for the jury. The court did not commit error in refusing to give, at the request of the defendant, the general affirmative charge.

We find no error in the record, and the judgment is affirmed.


Summaries of

Atlantic Coast Line R. Co. v. McEachern

Court of Appeals of Alabama
Nov 14, 1922
94 So. 784 (Ala. Crim. App. 1922)
Case details for

Atlantic Coast Line R. Co. v. McEachern

Case Details

Full title:ATLANTIC COAST LINE R. CO. v. McEACHERN

Court:Court of Appeals of Alabama

Date published: Nov 14, 1922

Citations

94 So. 784 (Ala. Crim. App. 1922)
19 Ala. App. 40

Citing Cases

L. N. R. Co. v. Holmes

Whether his actions thereafter were free from negligence, as provided in Section 173, Title 48, was for the…

Armstrong v. Louisville N. R. Co.

Question whether railroad has acquitted itself of negligence, as provided by Code 1940, Tit. 48, § 173 is one…