Hall v. Clayton
Alabama Court of Appeals
Appeal from Birmingham City Court. Heard before Hon. J. T. Stoiceley. Action by Dave Clayton against Ed Hall, for damages for assault and battery. Judgment for plaintiff and defendant appeals.
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Appeal from Birmingham City Court. Heard before Hon. J. T. Stoiceley. Action by Dave Clayton against Ed Hall, for damages for assault and battery. Judgment for plaintiff and defendant appeals. A careful review of the record will disclose that the preponderance of the evidence against the verdict is so decided as to authorize this court to reverse the action of the trial court in refusing a motion for new trial for that reason. — Shepherd v. Dowling, 103 Ala. 563; Birmingham Wat. Banh v. Bradley, 116 Ala. 142; White v. Blair, 95 Ala. 147; Cobb v. Malone, 92 Ala,. 630. The weight of the…
1Opinion of the CourtPelham, J.
This action was brought by the appellee claiming damages of the appellant for an assault and battery, and the jury before whom the case was tried returned a verdict against the appellant assessing the damages at $100. Motion to set aside the verdict and grant a new trial on the ground that the verdict was contrary to the weight or preponderance of the evidence was overruled, and the only error assigned here is the order of the court in overruling appellant’s motion.
We have read the evidence and find it to be in direct conflict, and, while a preponderance of the evidence as set out in the bill…
2Cases cited11 opinions
- Cobb v. MaloneSupreme Court of Alabama · 1890
- Ala. Great Southern Railroad v. FrazierSupreme Court of Alabama · 1890
- Birmingham Ry. & Electric Co. v. MasonSupreme Court of Alabama · 1905
- City of Ensley v. SmithSupreme Court of Alabama · 1910
- Alabama Great Southern Railroad v. HamiltonSupreme Court of Alabama · 1902
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