BERMAN BROS. IRON METAL CO. v. SAFER, 22 Ala. App. 658 (1927)

111 So. 923

BERMAN BROS. IRON METAL CO. et al. v. Joe SAFER.

6 Div. 84.Court of Appeals of Alabama.
March 22, 1927.

Appeal from Circuit Court, Jefferson County; J. C. B. Gwin, Judge.

Action by Berman Bros. Iron Metal Company against Joe Safer, doing business as the Bessemer Hide Junk Company. From a judgment granting defendant’s motion for a new trial, plaintiffs appeal.

Affirmed.

Barber Barber, of Birmingham, for appellants.

The verdict should not be set aside upon motion for new trial unless the preponderance of the evidence against the verdict is so clear as to show the verdict was unconscionable. Bray v. Ely, 105 Ala. 553, 17 So. 180; Karter v. Peck, 121 Ala. 636, 25 So. 1012; Cobb v. Malone, 92 Ala. 630, 9 So. 738.

Perry, Mims Green, of Bessemer, for appellee.

Brief of counsel did not reach the Reporter.

RICE, J.

Appeal by plaintiffs from the judgment of the court setting aside the verdict and judgment which they had obtained against the defendant in a detinue suit brought by them. The rule for granting or refusing motions for a new trial, on account of the verdict of the jury being against the weight of the evidence, as was alleged in the motion here, is too well known to require discussion at our hands. Let it suffice to say that we have carefully read the entire evidence and are not at all convinced that the trial court committed error. He saw and heard the witnesses, and we will not disturb his ruling. Let the judgment appealed from be affirmed.

Affirmed.