Alabama Court of Appeals, 1922

Atlantic Coast Line R. Co. v. McEachern

Atlantic Coast Line R. Co. v. McEachern
Alabama Court of Appeals · Decided November 14, 1922 · Sampord
94 So. 784; 19 Ala. App. 40; 1922 Ala. App. LEXIS 22 (Southern Reporter)

Atlantic Coast Line R. Co. v. McEachern

Opinion of the Court

SAMPORD, J.

Action for damages for negligent killing -of a mule. The plaintiff,' by undisputed evidence, made out- his prima facie ease, 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 ease, 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.

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