Mobile & Ohio R. R. v. Brassell
Supreme Court of Alabama
Appeal from Montgomery Circuit Court. Heard before Hon. W. W. Pearson. Action by William R. Brassell against the Mobile & Ohio Railroad Company, for damages for maintaining a stagnant pool near his dwelling. There was a verdict for plaintiff for one cent, which on motion of plaintiff, was set aside, and a new trial ordered, and defendant appeals.
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Appeal from Montgomery Circuit Court. Heard before Hon. W. W. Pearson. Action by William R. Brassell against the Mobile & Ohio Railroad Company, for damages for maintaining a stagnant pool near his dwelling. There was a verdict for plaintiff for one cent, which on motion of plaintiff, was set aside, and a new trial ordered, and defendant appeals. Counsel discuss the propostion that defendant is entitled to the affirmative charge, and in support thereof cite A. G. L. v. Woolf oik, 59 South. 635. They insist that plaintiff was entitled to no more damages than the jury awarded him, and that…
1Opinion of the CourtAnderson, C. J.
Since the verdict in this case was for the plaintiff, the only ground upon which the motion for a new trial, at his instance, could have been granted was that the verdict was inadequate.
*351The jury saw and heard the witnesses, and it was peculiarly within their province to determine whether or not the plaintiff sustained any substantial damages as the proximate result of the wrong complained of, and which they found to exist. This being a case where the law provides a trial by jury, the trial court was invested with no right to set aside the verdict for either ex-cessiveness or inadequacy alone,…
2Cases cited3 opinions
- Montgomery Light & Traction Co. v. KingSupreme Court of Alabama · 1913
- National Surety Co. v. MabrySupreme Court of Alabama · 1903
- Moseley v. JamisonMississippi Supreme Court · 1890
3Cited by8 opinions
- Yarbrough v. MallorySupreme Court of Alabama · 1932
- German-American Wholesale Optical Co. v. RosenSupreme Court of Alabama · 1936
- Veitch v. Southern Ry. Co.Supreme Court of Alabama · 1930
- City of Huntsville v. PhillipsSupreme Court of Alabama · 1914
- Alabama Fuel & Iron Co. v. AndrewsSupreme Court of Alabama · 1926
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