City of Mobile v. Rush
Cases that cite this one
2 later published cases cite this decision.
- First Nat. Bank v. Williams (Ala. Ct. App. 1920)
- Gray v. Handy (Ala. 1920)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
The action of the court in denying the motion for a new trial upon the ground that the verdict was contrary to the weight of the evidence constitutes the only question presented upon this appeal.
The trial court had the witnesses before him, and the advantage of observing their manner and demeanor upon the stand. Under such circumstances, the presumption is in favor of the correctness of his ruling. Hatfield v. Riley, 199 Ala. 388, 74 South. 380.
We do not deem it necessary to enter into a discussion of the testimony. Suffice it to say that, after a careful review of the record, we are not persuaded, under the familiar rule announced in Cobb v. Malone, 92 Ala. 630, 9 South. 738, that a reversal should be rested upon this action of the court.
The judgment appealed from will be affirmed.
Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.