69 So. 308 | Ala. Ct. App. | 1915
The action was by appellee against appellant railroad company for negligently running over and killing a mule. The case was tried on the plea of the general issue, and the defendant complains of the action of the trial court in refusing the general affirmative charge requested by it.
The burden is then shifted to the defendant to acquit itself of negligence; and if the evidence, as offered by it, is sufficient, if believed by the jury, to show as a matter of law that the defendant was not negligent, and such evidence is undisputed, and not in conflict, then a trial court will be put in error for refusing the affirmative charge when requested by defendant.—A. G. S. R. R. Co. v. McAlpine, 80 Ala. 73; A. G. S. R. R. Co. v. Moody, 90 Ala. 46, 8 South. 57; L. & N. R. R. Co. v. Marbury Lumber Co., 125 Ala. 237, 28 South. 438, 50 L. R. A. 620; Harris v. N. C. & St. L. R. R. Co., 153 Ala. 156, 44 South. 962, 14 L. R. A. (N. S.) 261; Anderson v. Birmingham Min. R. Co., 109 Ala. 128, 19 South. 519; L. & N. R. R. Co. v. Barker, 96 Ala. 436, 11 South. 453. As of interest in this connection, see, however, Roman v. Lentz, 177 Ala. 71, 58 South. 438; Wynn v. State, 11 Ala. App. 182, 65 South. 687; Patterson v. Millican, 12 Ala. App. 324, 66 South. 914.
The rule is that it is proper for the court to explain to the jury the meaning of written charges given at the request of a party, but not to qualify, limit, or modify such charges.—Lewis v. State, 96 Ala. 11, 11 South. 259, 38 Am. St. Rep. 75; Lowe v. State, 88 Ala. 9, 7 South. 97; Morris v. State, 25 Ala. 57; A. G. S. R. R. Co. v. Moody, 92 Ala. 279, 9 South. 238; Eiland v. State, 52 Ala. 330; Edgar v. State, 43 Ala. 45.
Affirmed.