Western Union Telegraph Co. v. Albertville Canning Co.

SAYRE, J. The special plea was defective in substance (Western U. Tel. Co. v. Merrill, 144 Ala. 616, 39 South. 121, 113 Am. St. Rep. 66; Park v. Western U. Tel. Co., 167 Ala. 339, 52 South. 884); but its legal sufficiency was not questioned. Issue was taken upon it. It was proved without contradiction, and the defend [344] ant should have had the general affirmative charge as requested. Reversed and remanded. Simpson, Anderson, and Mayfield, JJ., concur.