Willis v. Excello Bottling & Ice Co.
Supreme Court of Alabama
Appeal from Circuit Court, Henry County; H. A. Pearce, Judge. Suit by T. T. Willis against the Excello Bottling & Ice Company and another. From a judgment for defendants, plaintiff appeals.
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Appeal from Circuit Court, Henry County; H. A. Pearce, Judge. Suit by T. T. Willis against the Excello Bottling & Ice Company and another. From a judgment for defendants, plaintiff appeals. Appellant brought suit against the Excello Bottling & Ice Company and one T. H. MeGriff to recover damages for injuries to himself and his car in an accident occurring on the public roads of Henry county, which he charges was caused hy the wrongful conduct of the servant or agent of the defendants. The evidence for the plaintiff tended to show that while he was driving an automobile along the public…
1Opinion of the CourtGardner, J.
This cause was tried upon oral testimony before the court without the intervention of a jury, and this appeal presents only the question as to whether or not the finding of the court below on tbe issues of fact should be disturbed. The evidence for the respective parties was in sharp conflict, and numerous witnesses were examined upon each side of the case. The trial judge had the witnesses before Mm and the advantage of observing their demeanor upon the stand, and, under the long-established rule in this court, under such circumstances, the presumption is in favor of the correctness of Ms…
2Cases cited1 opinion
- Price v. PriceSupreme Court of Alabama · 1917
3Cited by4 opinions
- Roberson v. RobersonSupreme Court of Alabama · 1954
- Applebaum v. ZeiglerSupreme Court of Alabama · 1945
- Massey v. MasseyCourt of Civil Appeals of Alabama · 1981
- Massey v. MasseyCourt of Civil Appeals of Alabama · 1981