Hopkins v. Harrison, 8 Div. 530.
Decision Date | 01 March 1934 |
Docket Number | 8 Div. 530. |
Citation | 228 Ala. 180,153 So. 255 |
Court | Alabama Supreme Court |
Parties | HOPKINS v. HARRISON. |
Appeal from Circuit Court, Lauderdale County; Orlan B. Hill, Judge.
Action under Homicide Act (Code 1923, § 5696), by William Howard Harrison, as administrator of the estate of Julius H Harrison, deceased, against Virginia Hopkins. From a judgment granting plaintiff's motion for new trial after verdict for defendant, defendant appeals.
Affirmed.
Bradshaw & Barnett, of Florence, for appellant.
Merwin T. Koonce and A. A. Williams, both of Florence, for appellee.
The error assigned was the granting of plaintiff's motion for a new trial on the evidence-the verdict and judgment having been rendered for the defendant.
The brief of appellant contains this statement: Such is the rule when a motion for a new trial is denied. In this case the motion for a new trial was granted, and the rule is "decisions granting new trials will not be reversed unless the evidence plainly and palpably supports the verdict rendered." (Italics supplied.) Cobb v Malone & Collins, 92 Ala. 630, 635, 636, 9 So. 738; Hall v. Clark, 225 Ala. 87, 142 So. 65; Birmingham Clay Products Co. v. White, 226 Ala. 89 145 So. 668; Swinney v. State, 225 Ala. 273, 142 So. 562; Robinson v. Solomon Bros. Co., 225 Ala. 389, 143 So. 566; Ex parte State ex rel. Grace, 224 Ala. 273, 139 So. 288; Birmingham News Co. v. Lester, 222 Ala. 503, 133 So. 270; Nashville, Chattanooga & St. Louis Railway v. Crosby, 194 Ala. 338, 70 So. 7; Merrill v. Brantley & Co., 133 Ala. 537-539, 31 So. 847.
The rule as recently stated in Parker v. Hayes Lumber Co., 221 Ala. 73, 74, 127 So. 504: will be presumed correct where evidence is conflicting. Reed v. Thompson, 225 Ala. 381, 143 So. 559.
That the evidence was in conflict is not denied by appellant, or disputed by the record.
The affidavit of newly discovered evidence attached to and made a part of the motion was material and probably would have changed the verdict of the jury. Fries v. Acme White Lead & Color Works, 201 Ala. 613, 79 So. 45. Upon matters of this sort much must be left...
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