54 So. 613 | Ala. | 1910
Action by a passenger against the ■carrier for personal injuries alleged to have been suffered while in transit.
This charge, as shown by the bill of exceptions, was requested by the defendant (appellant) and refused: “If after a full and fair consideration of all of the evidence any individual juror is not reasonably satisfied that the plaintiff was injured by the negligence of the •defendant, or its servants, then you cannot find for the
None of the remaining five errors assigned have merit.
The excerpt from the oral charge, copied in the second assignment of error, is urged for appellant as error, on the authority of K. C. M. & B. R. R. Co. v. Thornhill, 141 Ala. 215, 234, 235, 37 South. 412. There the measure of the damages for physical pain and injury was said to be in the jury’s breast, not afforded by the law;
For the error indicated, the judgment is reversed, and the cause is remanded.
Reversed and remanded.