Supreme Court of Alabama, 1924

American Ins. Co. v. Newberry

American Ins. Co. v. Newberry
Supreme Court of Alabama · Decided May 29, 1924 · Anderson, Somerville, Thomas
100 So. 922; 211 Ala. 699 (Southern Reporter)

American Ins. Co. v. Newberry

Opinion of the Court

PER CURIAM.

All justices concur in the conclusion that the trial court properly refused the general charge requested by the defendant. A majority of the court, however, composed of SAYRE, GARDNER, MILLER, and BOUL-DIN, JJ., hold that the trial court erred in not granting the plaintiff a new trial because the verdict was contrary to the great weight of the evidence, and the judgment of the circuit court is reversed, and the cause is remanded. Reversed and remanded.

ANDERSON, C. J., and SOMERVILLE and THOMAS, JJ., dissent.

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