Reed v. Thompson

The plaintiff obtained a verdict, and upon a motion for new trial the trial court set aside the verdict, and the plaintiff appeals from the judgment granting the new trial as authorized by section 6088 of the Code of 1923.

In the early case of Cobb v. Malone & Collins, 92 Ala. 630, 9 So. 738, 740, repeatedly cited and followed, the rule was laid down that upon motion for new trial, based upon the fact that the verdict or judgment was contrary to the evidence, a presumption will be indulged in favor of the action of the trial court when there is a conflict in the evidence. That is, on appeal in…