77 So. 719 | Ala. | 1918
The only question presented by the assignments of error and argued by counsel for appellant relates to the action of the court below in overruling the motion for a new trial; the insistence being that the verdict of the jury was contrary to the overwhelming weight of the evidence to such an extent as to involve the conviction that it was wrong and unjust, citing, among other of our cases, Twin Tree Lbr. Co. v. Day,
The record contains the oral charge of the court, as well as the charges given and refused to the respective parties. That the law was correctly and fairly charged by the court to the jury is not questioned; nor is it questioned that the verdict was fully justified if the jury believed the evidence offered by the defendant. The questions of fact were therefore squarely presented for the jury's determination.
The evidence has been very carefully examined. We do not think it necessary to enter into a discussion of the same, but, after a careful review of the testimony, we are persuaded, under the familiar rule announced in Cobb v. Malone,
The judgment of the court below will therefore be affirmed.
Affirmed.
ANDERSON, C. J., and McCLELLAN and SOMERVILLE, JJ., concur.