50 So. 975 | Ala. | 1909
— This is an action for damages for the wrongful killing of the plaintiff’s intestate. The case was tried on the twenty-fourth, twenty-fiifth, and twenty-sixth counts of the complaint. Intentional or wanton wrong is alleged in the twenty-fourth count, while the twenty-fifth and twenty-sixth counts are based on simple negligence. In each of these counts the damages claimed are laid in the sum of $30,000. A verdict for the plaintiff was returned by the jury for $15,000. This verdict the trial court on motion of the defendant set aside and ordered a new trial; and it is from this order that the present appeal is prosecuted under the statute. The only assignment of error on the record is based on the order appealed from, setting aside the verdict and granting the new trial.
Among other stated grounds of the motion for a new trial was that of the verdict’s being excessive. This is
In reviewing the action of the trial court in setting-aside the verdict and granting- a new trial upon the ground that the verdict was excessive, we can see no good reason for not applying the same rule of presumptions to the trial court’s action as was laid down in Cobb v. Malone, 92 Ala. 630, 9 South. 738, touching other grounds here mentioned. In the case under consideration the evidence without dispute showed that the injury
The ground of the motion considered by us being conclusive of the appeal, it is unnecessary to notice other grounds.
The judgment is affirmed.
Affirmed.