Railroad v. Abernathey
Tennessee Supreme Court
PROJt LAUDERDALE. Appeal in error from Circuit Court of Lauder-dale County. Two. J. Flippin, J.
1Opinion of the Court
Caldwell,’ J.
The Illinois Central Railroad Co. prosecutes this appeal in error from a judgment in favor of J. M. Abernathey for $40, as damages for the alleged wrongful killing of a cow and yearling.
In considering the first assignment of error, which is that there is no evidence to support the verdict, this Court takes ' as true' the strongest *724legitimate view of the testimony in favor of Aber-nathey, and discards all countervailing testimony, because the j ury, whose exclusive province it was to pass upon the credibility of witnesses, has by its verdict resolved all conflicts in his favor.…
2Cases cited10 opinions
- Citizens' Rapid Transit Co. v. SeigristTennessee Supreme Court · 1896
- Machine Co. v. Compress Co.Tennessee Supreme Court · 1900
- Railroad v. HouseTennessee Supreme Court · 1896
- Kirkpatrick v. JenkinsTennessee Supreme Court · 1896
- Poole v. JacksonTennessee Supreme Court · 1893
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3Cited by30 opinions
- Power Packing Co. v. BorumCourt of Appeals of Tennessee · 1928
- Sullivan v. CrabtreeCourt of Appeals of Tennessee · 1953
- Tallent v. FoxCourt of Appeals of Tennessee · 1940
- Anderson-Gregory Co. v. LeaCourt of Appeals of Tennessee · 1963
- Nashville Gas & Heating Co. v. PhillipsCourt of Appeals of Tennessee · 1933
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