Terst Sons & Co. v. O'Neal

The appeal is prosecuted from the judgment of the court overruling a motion for a new trial. The ground of the motion which requires consideration is that the verdict of the jury was contrary to the evidence. In the case of Cobb v. Malone, 92 Ala. 630, it was declared as the proper rule, “that the decision of the trial court, refusing to grant a new trial,-on the ground that the verdict was contrary to the evidence, will not be reversed, unless, after allowing all reasonable presumptions of its correctness, the preponderance of the evidence against the verdict is so decided, as to clearly…