Chevaillier v. Denson
Texas Supreme Court
Appeal from Nacogdoches. This was an action by the appellee against the appellant to recover the freight for the carriage of a quantity of cotton. The defendant recovered for damages occasioned by injury done to the cotton by exposure during the voyage. Tiie plaintiff proved his demand.
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Appeal from Nacogdoches. This was an action by the appellee against the appellant to recover the freight for the carriage of a quantity of cotton. The defendant recovered for damages occasioned by injury done to the cotton by exposure during the voyage. Tiie plaintiff proved his demand. Tiie evidence in support of the defense was conflicting; the witnesses differed in their statements as to the condition of the cotton when delivered to the consignees at the termination of the voyage; there was testimony that it was delivered in a damaged condition; and oilier testimony conducing to prove that…
1Opinion of the CourtWheeler, J.
The only ground for error relied on is the refusal of the court to grant a new trial.
The question submitted to tiie jury was one of fact. It became their duty to decide in a conflict of testimony. It was their peculiar and exclusive province to decide upon tiio credibility of the witnesses and tiio weight of evidence. In such a case it is well settled that the judgment of the District Court refusing a new trial will not be reversed on the ground that tiie verdict was contrary to the evidence. Tiie judgment is affirmed.
Judgment affirmed.
2Cited by3 opinions
- Gulf, Colorado & Santa Fe Railway Co. v. JohnsonCourt of Appeals of Texas · 1895
- Merriwether v. DixonTexas Supreme Court · 1866
- G., C. & S. F. R'y Co. v. HoltCourt of Appeals of Texas · 1883