Woodroof v. Hall

• Decision Date: 12 November 1908
• Citation: Woodroof v. Hall, 47 So. 570, 157 Ala. 416 (Ala. 1908)
• Parties: WOODROOF v. HALL ET AL.
• Court: Alabama Supreme Court

47 So. 570

157 Ala. 416

WOODROOF v. HALL ET AL.

Supreme Court of Alabama

November 12, 1908

Appeal from Circuit Court, Limestone County; D. W. Speake, Judge.

Action by James W. Woodroof against N. B. Hall and others. From a judgment setting aside a verdict and judgment for plaintiff and ordering a new trial, plaintiff appealed. Affirmed.

W. T Sanders, for appellant.

Wert &amp Lynne, for appellees.

TYSON C.J.

The plaintiff by this action sought to recover of defendants the statutory penalty, prescribed by section 4137 of the Code of 1896, of $5 per tree for 141 tupelo gum trees cut and destroyed, aggregating the sum of $705. The verdict of the jury was for that sum. On motion of defendants, assigning numerous grounds, the verdict and judgment was set aside and a new trial ordered. It is from that judgment this appeal is prosecuted.

Among the grounds assigned were these: "That the verdict was contrary to the evidence; that the verdict was contrary to the weight of the evidence." There was a conflict in the testimony as to the number of trees cut or destroyed. Of course, if the number cut or destroyed was less than that named in the complaint and for which the recovery was had the verdict and judgment thereon was properly set aside. The rule applicable to this case is that this court will not reverse the judgment granting the new trial, unless the evidence is plainly and palpably in favor of the verdict. "This rule is founded partly upon the fact that the trial judge's...