City of Mobile v. Rush

Supreme Court of Alabama

City of Mobile v. Rush

81 So. 570, 202 Ala. 628, 1919 Ala. LEXIS 338

CourtSupreme Court of Alabama

DecidedMay 1, 1919

Docket1 Div. 88.

StatusPublished

Cited by2 cases

This text of 81 So. 570 (City of Mobile v. Rush) is published on Counsel Stack Legal Research, covering Supreme Court of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

City of Mobile v. Rush, 81 So. 570, 202 Ala. 628, 1919 Ala. LEXIS 338 (Ala. 1919).

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Opinion

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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