Mobile Light & Railway Co. v. Davis
Alabama Court of Appeals
Appeal from Mobile Law and Equity Court. Heard before Hon. Safford Berney. Action by Frank Davis against the Mobile Light & Railway Company, for damages for killing horse. Judgment for plaintiff and defendant appeals.
Read the full summary
Appeal from Mobile Law and Equity Court. Heard before Hon. Safford Berney. Action by Frank Davis against the Mobile Light & Railway Company, for damages for killing horse. Judgment for plaintiff and defendant appeals. The complaint specifies the particular acts of negligence relied on, and the presumption arising from the statute extends only to the particular negligence alleged. — 33 Cyc. 1275; 120 Ga. 475. The only question presented then was whether or not defendant had met and overcome the presumption that its servants were negligent as alleged in the complaint. — Choate v. So. Ry., 119…
1Opinion of the Court
de GNAFFENNIEI), J.
On an appeal from the judgment of a trial court refusing to set aside the Yer-dict of a jury on the ground that it Avas contrary to the evidence or to the Aveight of the evidence, every reasonable presumption is indulged in favor of the correctness of the judgment. The trial judge is present during the trial and hears the Avitnesses, and is therefore in a better position to judge of their credibility, their intelligence, and the weight to be given to their testimony than is an appellate court, Avhich must get its information through the medium of a record. A Avitness by his…
2Cases cited5 opinions
- Louisville & Nashville Railroad v. TegnerSupreme Court of Alabama · 1899
- Humphries v. StateAlabama Court of Appeals · 1911
- Bingham v. DavidsonSupreme Court of Alabama · 1904
- Cobb v. Malone & CollinsSupreme Court of Alabama · 1890
- Lyon v. McGowanSupreme Court of Alabama · 1908
3Cited by6 opinions
- Young v. Honolulu Construction & Draying Co.Hawaii Supreme Court · 1938
- Nashville C. & St. L. Ry. v. BinghamSupreme Court of Alabama · 1913
- Atlantic Coast Line Ry. Co. v. JonesAlabama Court of Appeals · 1913
- Gorum v. MottAlabama Court of Appeals · 1948
- E. E. Forbes Piano Co. v. H. C. & W. B. ReynoldsAlabama Court of Appeals · 1911
1 more not listed; retrieve them via the Exa API.