Mobile Pure Milk Co. v. Coleman

BOULDIN, Justice.

This court will not review the Court of Appeals on its finding of facts, either as to the tendencies of the evidence, or upon the effect of the evidence in considering the giving or refusing of the affirmative charge by the trial court, or the weight of the evidence on review of a ruling on a motion for new trial.

The general rule is that this court will not review the ruling of the Court of Appeals in its application of the law to the facts. Postal Telegraph-Cable Co. v. Minderhout, 195 Ala. 420, 71 So. 91. But if the decision of the Court of Appeals affirmatively shows a…