108 Ala. 647 | Ala. | 1895
There was a verdict for the plaintiff, and the defendants moved for a new trial upon the ground that the verdict was contrary to the evidence. The testimony upon each of the issues of fact was in sharp and irreconcilable conflict. The presiding judge approved the verdict ; and in view of the superior advantages he has over us, in supervising verdicts, based upon conflicting evidence, we cannot say that he erred in denying the motion, simply because more witnesses testified in favor of the defendants’, than in favor of the plaintiffs’ theory. Weighing evidence does not consist merely in counting witnesses.
Under the existing state of the evidence the charge ought to have been refused.
Reversed and remanded.