143 So. 559 | Ala. | 1932
The plaintiff obtained a verdict, and upon a motion for new trial the trial court set aside the verdict, and the plaintiff appeals from the judgment granting the new trial as authorized by section 6088 of the Code of 1923.
In the early case of Cobb v. Malone Collins,
There was a conflict in the evidence as to the nature of the contract of employment; the plaintiff testifying to one kind of contract and the defendant another. There was also evidence that plaintiff was claiming more than he was entitled to out of the dairy, and we are not prepared to say that the evidence so plainly and palpably supported the verdict as to put the trial court in error for granting a new trial, and the judgment of the circuit court is affirmed.
Affirmed.
GARDNER, BOULDIN, and FOSTER, JJ., concur.