Morgan Plan Co. v. Beverly

CARR, Judge.

This is the second appeal of this case. The former opinion is reported in 33 Ala. App. 617, 36 So.2d 120.

In the court below the defendant again recovered judgment and plaintiff’s motion for a new trial was overruled.

We are here confronted with the identical question which was presented for our review on the former appeal, viz. the action of the court in overruling the plaintiff’s motion for a new trial on the ground that the verdict was contrary to the great weight of the evidence.

We do not recede from our former view. We think that our conclusions were *565sound and applicable to the…