Cox v. Herrington

I fear the majority moves perilously close today to the rule that a jury's findings on factual matters can never be disturbed.

It is well-settled that "[t]he jury is not the sole judge of the sufficiency of the evidence to sustain the verdict."Farmers and Ginners Cotton Oil Co. v. Reliance Insurance Co.,341 So.2d 147 (Ala. 1976). "[T]he power to review their conclusions in civil cases is vested in the trial court in the first instance, and in the Supreme Court on appeal."Massengale-Manaster Poultry Company v. Burnett, 284 Ala. 465,225 So.2d 869 (1969).

A new trial should be granted where, after…