Wood v. Empire Laundry Co.
Alabama Court of Appeals
Appeal from Birmingham City Court. Heard before Hon. C: W. Ferguson. Action by A. M. Wood against the Empire Laundry Company for an assault and battery. Judgment for plaintiff, which on motion of defendant was set aside, and new trial ordered, from which order plaintiff appeals.
1Opinion of the Court
THOMAS, J.(1) Where the evidence, or inferences therefrom, are conflicting, the reviewing court will not reverse the judgment of the trial court granting generally a motion for a new trial, which contains, among others, the ground that the verdict was contrary to the evidence, unless, after a careful perusal of the testimony and upon mature reflection, it is satisfied that the preponderance of the evidence is manifestly and palpably in favor of the verdict.—Smith v. Tombigbee & N. Ry. Co., 141 Ala. 332, 37 South. 389; McCary v. Brawley, 150 Ala. 662, 43 South. 787; Hervey v. Hart, 149 Ala.…
2Cases cited16 opinions
- Gassenheimer v. Western RailwaySupreme Court of Alabama · 1912
- White v. BlairSupreme Court of Alabama · 1891
- Karter v. PeckSupreme Court of Alabama · 1898
- Dillard v. SavageSupreme Court of Alabama · 1893
- Merrill v. Brantley & Co.Supreme Court of Alabama · 1901
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3Cited by2 opinions
- McCluskey v. SteeleAlabama Court of Appeals · 1920
- Ingram Land Co. v. TubbAlabama Court of Appeals · 1921