HOSEA O. WEAVER & SONS, INC. v. TOWNER

No. 1930529.

663 So.2d 892 (1995)

HOSEA O. WEAVER & SONS, INC. v. Louise Gordon TOWNER, et al.

Supreme Court of Alabama.

Opinion Overruling Application for Rehearing May 12, 1995.

Rehearing Denied June 23, 1995.


Attorney(s) appearing for the Case

Philip H. Partridge and Thomas H. Nolan, Jr. of Brown, Hudgens, P.C., Mobile, for appellant.

Robert J. Hedge and R. Jeffrey Perloff of Jackson, Taylor and Martino, P.C., Mobile, for appellees.


MADDOX, Justice.

This appeal involves a question relating to the burden of proof when the "loaned servant" doctrine is involved. The specific issues are: 1) whether the trial court erred in denying the defendant's motion for a directed verdict and 2) whether the trial court erred in granting the plaintiffs' motion for new trial when it determined that it had failed to properly charge the jury that the defendant had the burden of proving its affirmative defense, the...

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