Later courts went against this
Overruled in part by Alabama Great Southern Railroad v. Robinson, 183 Ala. 265 (1913)
The case of Saxon v. Birmingham R. R. Co., 179 Ala. 136, 59 South. 584, is expressly overruled in so far as it held that the refusal of the defendant’s charge 6 was reversible error.
The opinion
ON REHEARING.
PER CURIAM.
Owing to the improper and disrespectful nature of the brief filed on application for rehearing, said brief is stricken from the files, and the application for rehearing dismissed.