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PERRY v. ATLANTIC COAST LINE R. CO.

4 Div. 129.

42 So.2d 837 (1949)

PERRY et al. v. ATLANTIC COAST LINE R. CO.

Court of Appeals of Alabama.

November 22, 1949.

Attorney(s) appearing for the Case

Val L. McGee and Douglas Brown, of Ozark, for appellants.

Evans Hinson of Montgomery, and Chas. O. Stokes, of Ozark, for appellee.

CARR, Judge.

This is an action for damage for the alleged negligence in killing six hogs.

In the court below the trial judge gave the general affirmative charge for the defendant, the Atlantic Coast Line Railroad Company. This action of the court presents the controlling question on this appeal.

It is axiomatic that the general affirmative charge should not be given for the defendant when there is the slightest evidence tending to prove a right of...

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