Commercial Standard Insurance v. Berger Investment Co.
Commercial Standard Insurance v. Berger Investment Co.
Opinion of the Court
This appeal is from a judgment of the Circuit Court of Mobile County setting aside the verdict of the jury and judgment rendered thereon and granting a new trial to the appellee. The sole matter assigned as error is the action of the trial court in granting the motion for a new trial.
After a verdict and judgment for the appellant, the appellee filed a motion for a new trial assigning as grounds therefor, among others, that the verdict was contrary to the evidence, that the verdict was contrary to the great preponderance of the evidence, and that the verdict was contrary to the undisputed evidence. The lower court granted the motion but did not base its ruling on any specific ground. Thus, if any good ground was presented, the action of the lower court in granting the motion for a new trial is due to be affirmed. Morgan County v. Hart, 260 Ala. 418, 71 So.2d 278; Gordon v. Gleason, 262 Ala. 421, 79 So.2d 54.
It is a firmly established rule of law in this State that where one of the grounds of a motion for a new trial is that the verdict is contrary to the evidence, the action of the trial court in granting the motion, without specifying the ground upon which it was granted, will not be disturbed on appeal unless the evidence plainly and palpably supports the verdict set aside. Morgan County v. Hart, supra; Birmingham Electric Co. v. Greene, 252 Ala. 40, 39 So.2d 398.
Decisions granting new trials will not be reversed, unless the evidence plainly and palpably supports the verdict; and the same presumption must be indulged in favor of granting the motion that would be indulged had the motion been overruled. Morgan County v. Hart, supra, and cases therein cited.
A careful study of the record reveals that there was evidence to sustain the original judgment, but we find ourselves unable to say that the evidence “plainly and palpably supported such verdict and judgment.
It follows that the judgment of the lower court should be and is affirmed.
Affirmed.
Reference
- Full Case Name
- COMMERCIAL STANDARD INSURANCE CO. v. BERGER INVESTMENT CO.
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- 9 cases
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- Published