Smith v. Tombigbee & Northern Ry. Co.
Supreme Court of Alabama
Appeal from the Circuit Court of Mobile. Tried before the Hon. Wm. S. Anderson. This action was brought by tlnei appellant against the appellee to recover damages for personal injuries alleged to have been sustained by the plaintiff, who Avas in the defendant’s employ, by reason of'the defendant’s negligence. The plaintiff claimed 110,000 damages.
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Appeal from the Circuit Court of Mobile. Tried before the Hon. Wm. S. Anderson. This action was brought by tlnei appellant against the appellee to recover damages for personal injuries alleged to have been sustained by the plaintiff, who Avas in the defendant’s employ, by reason of'the defendant’s negligence. The plaintiff claimed 110,000 damages. There Avere verdict and judgment in favor of the plaintiff, fixing his recovery of damages at $10,000. Thereupon the defendant moved the court to set aside the judgment, and to grant it a neAV trial. The court granted this motion and to. this ruling…
1Opinion of the CourtTyson, J.
The appeal in this case is from a judgment granting a new trial. The motion assigns a number of grounds.
The record does not disclose, if that were important, upon what ground the court granted it. If it can be affirmed that it was not improperly granted upon any ground the judgment cannot be reversed. The third assignment is that “the verdict- is contrary to the evidence; and the fourth is that “the verdict is contrary to the preponderance of the evidence.”
The case was tried on the 4th and 5th counts of the complaint as amended and two pleas, numbered 1 and 3 filed thereto. Plea numbered 1 is…
2Cases cited6 opinions
- Cobb v. MaloneSupreme Court of Alabama · 1890
- Louisville & Nashville Railroad v. Sullivan Timber Co.Supreme Court of Alabama · 1899
- Hicks v. StoneSupreme Court of Minnesota · 1868
- Karter v. PeckSupreme Court of Alabama · 1898
- Dillard v. SavageSupreme Court of Alabama · 1893
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Bynum v. Southern Building & Loan Ass'nSupreme Court of Alabama · 1931
- Borden & Co. v. Vinegar Bend Lumber Co.Alabama Court of Appeals · 1911
- Allison v. CoxSupreme Court of Alabama · 1930
- Nobles v. Bank of EclecticSupreme Court of Alabama · 1927
- Peyton v. LewisAlabama Court of Appeals · 1914
8 more not listed; retrieve them via the Exa API.