Supreme Court of Alabama, 1919

City of Mobile v. Rush

City of Mobile v. Rush
Supreme Court of Alabama · Decided May 1, 1919 · Gardner, Anderson, McClellan, Sayre
81 So. 570; 202 Ala. 628; 1919 Ala. LEXIS 338 (Southern Reporter)

City of Mobile v. Rush

Opinion of the Court

GARDNER, J.

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.

ANDERSON, C. J., and McCLELLAN and SAYRE, JJ., concur.

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