The Montgomery advertiser., 1906-04-11

rather a narration of his duties than a conclusion.
 {. Trial; direction of verdict: when authorized.--where there Is evidence tending to support the material alle- gations of the complaint 1t Is not proper to give the affirmative, charge for the defendant. unless the Evidence in the case, as a matter of law, sup ported the defendants special pleas. s. Master and servant: personal in- jury to servant: defect in appliances; jury question.--It is a question for the
 jury to determine whether or not de- feet exist, when the evidence shows
 that the governor hung up. and
 promise of the master mechanic to re-
 pair 1t.
 G. Same: contributory negligence;
 nstructions.-where the action was
 for personal injuries sustained by the
 employe in the operation Of station
 ary engine. and the defense set up was
 that he negligently exposed his hand
 to danger. an instruction that the jury
 could not find for the plaintiff. if plain
 tiff occupied a negligent position about
 the engine. and as a proximate conse-
 quent thereof his hand was caught
 and injured. is misleading. in that he
 might have occupied such negligent
 position. and still not have exposed
 his hand negligently.
 '. Trial: instructions--Charge which ignore parts of the evidence, or which given undue prominence to por- tions of the evidence are properly re- fused.
 s. Same; observation and experience of jurors Jurors are authorized to bring to bear upon the facts their common observation and experience, | and a charge which omits the word | common. as applied to observation and experience. is properly refused 9. Trial: instructions: applicability to pleadings. In an action for inju- ries received by an employe while op- erating a stationary engine. the de- fense set up by special plea that plain tin exposed his hand to the danger of it's being caught and injured by the machinery, and as a proximate conse- auence thereof his hand was injured, and the court refused to charge that if plaintiff was negligent in the man. ner in which he was oiling the engine at the time of the accident, and such negligence proximately contributed to his injury. there could be no recovery by him: Held, error, the plea being broad enough to cover charge. tAn- derson and Denson. JJ., dissentfng.) Appeal from Birmingham City Court. Heard before Hon. Charles A. Senn. Rehearing denied anuary 30. 1906. Reversed and remanded. Opinion by Anderson. J.
 Haralson. Tyson. Dowdell and simp- son, u. concur.
 Anderson and Denson. JJ.. disent. WOODRUFF ct al V. HUNDLEY. Bill for Construction of wili.-(Decid- ed June 30, 1so5)'-(Ss So. Rep. Wills; Construction; Lapsed Leg acies: Efect.--Testatrix provided for two legacies of $1.000 each, but the legatees died during life time of testa- trix: the will provided further. that
 "alI the balance of money now on hand. l q mean gold and silver coin. and cur rency) and of which I die possessed, after the payment of the legacies men, tioned herein, I bequeath'''' Held that the legacies lapsed and fell into general residum of the estate. 2-Charities; Construction; Trus- tees.-The fact that the beneficiaries of | permanent charity created by will tees named in the will. does not limit the charity to the lifetime of such | trustees, as the exercise of the power of selection would appertain to the. of | flee of trustee whether filled by the ap- pointment of the court or by the se- | lection of the testatrix. there being no real interregnum in the office of any trust.
 3-Same; Permanancy.--When real l estate Is devised to trustees to apply | the rents, incomes and profits to such | objects of charity as might be desig-, l mated by another, and conditioned that | if first devise should fail. the trus- | tees should apply such proceeds to the 1 education of young men for the minis l try; and the first object failing. the | last becomes a valid permanent char | ity.
 l 4--wills; Construction: Parties in l Interest.-A legatee under will be- | aueathing to him the balance of money. | (meaning gold and silver coin and l currency) of which testatrix dies pos- sessed, after the payment of certain | legacies. has no interest in the question l of validity or inva1idity of provision | In a devise of real estate to trustees l to use the income for a certain pur- pose as it in no wise affects his inter- | ests under the will.
 l Appeal from Limestone chancery | Court.
 1 Heard before Hon W. T. Simpson. | "Rehearing denied Jan. 30. 1906. Affirmed Opinion by Tyson. J,
 Mcclellan, c. J., Simpson and Ander-
 | son, JJ., concur.