Swift Transportation Co. v. Swearengin

CROW, Judge.

Vernon Swearengin (“Swearengin”) and Everett Ellison (“Ellison”) appeal from a $27,836.68 judgment against them in favor of Swift Transportation Co., Inc., (“Swift”). Swift cross-appeals, insisting the trial court erred in denying Swift’s prayer for attorney fees and pre-judgment interest.

The cause was tried by the court without a jury; consequently, the scope of our review is defined by Murphy v. Carron, 536 S.W.2d 30, 32[1] (Mo. banc 1976). The judgment will be affirmed unless there is no substantial evidence to support it, unless it is against the weight of the evidence, unless…