Alabama Great Southern R. Co. v. O'Brien

Fifth Circuit

Alabama Great Southern R. Co. v. O'Brien

69 F. 223, 16 C.C.A. 216, 1895 U.S. App. LEXIS 2387

CourtCourt of Appeals for the Fifth Circuit

DecidedMay 21, 1895

DocketNo. 363

StatusPublished

Cited by2 cases

This text of 69 F. 223 (Alabama Great Southern R. Co. v. O'Brien) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Alabama Great Southern R. Co. v. O'Brien, 69 F. 223, 16 C.C.A. 216, 1895 U.S. App. LEXIS 2387 (5th Cir. 1895).

Pincite

Opinion

PER CURIAM.

The assignment of errors points out 12 grounds of alleged error in the action of tlie trial court, 11 of which relate to the refusal to charge the jury as requested by the defendant. Most of the requested charges are substantially embraced and more accurately and soundly stated in the court’s charge. The others, when reduced to their essential extract, make a request for the general charge for the "defendant. While there is possibly a preponderance of proof against plaintiff’s contention on the single vital issue of fact joined by the parties, it is clear to us that there was proof tending to support the case of the plaintiff. There was, therefore, an issue for the jury. As we have already said, the matter of the requested charges, as far as it was proper for any of them to have been given, was embraced in the charge of the court, and therefore should not have been repeated in the language of counsel, colored, more or less, as such language always is, by the bias of advocacy. The judgment of the circuit court is affirmed.

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PER CURIAM.

The assignment of errors points out 12 grounds of alleged error in the action of tlie trial court, 11 of which relate to the refusal to charge the jury as requested by the defendant. Most of the requested charges are substantially embraced and more accurately and soundly stated in the court’s charge. The others, when reduced to their essential extract, make a request for the general charge for the "defendant. While there is possibly a preponderance of proof against plaintiff’s contention on the single vital issue of fact joined by the parties, it is clear to us that there was proof tending to support the case of the plaintiff. There was, therefore, an issue for the jury. As we have already said, the matter of the requested charges, as far as it was proper for any of them to have been given, was embraced in the charge of the court, and therefore should not have been repeated in the language of counsel, colored, more or less, as such language always is, by the bias of advocacy. The judgment of the circuit court is affirmed.

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Bluebook (online)

69 F. 223, 16 C.C.A. 216, 1895 U.S. App. LEXIS 2387, Counsel Stack Legal Research, https://law.counselstack.com/opinion/alabama-great-southern-r-co-v-obrien-ca5-1895.

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