Nunn v. Whitworth ex rel. Whitworth

1 Citing case

  1. CSX Transportation, Inc. v. Miller

    46 So. 3d 434 (Ala. 2010)   Cited 20 times

    An incorrect, misleading, erroneous, or prejudicial charge may form the basis for granting a new trial. See, Nunn v. Whitworth, 545 So.2d 766 (Ala. 1989). However, the refusal of a requested, written instruction, although a correct statement of the law, is not cause for reversal on appeal if it appears that the same rule of law was substantially and fairly given to the jury in the trial court's oral charge.