Schaeffer v. Walker

THOMAS, Justice.

The appeal was from an order setting aside a judgment and granting a new trial.

It is the duty of the court to set aside a verdict and grant a new trial, though the evidence is in conflict, if the trial court has a definite and well-considered opinion from the evidence that the verdict failed to do justice under the proper pleadings directing and guiding the trial.

In Parker et al. v. Hayes Lumber Co., 221 Ala. 73, 127 So. 504, it is said: “* * * The evidence was in conflict, but the trial court saw and heard the witnesses, and on appeal some presumption must be indulged in…