Reseña de Ethel Murphree v. William Belton Campbell

Ethel Murphree v. William Belton Campbell de Supreme Court of Alabama Resumen del Libro

SIMPSON, Justice. Plaintiff sued defendant in case for negligently running his automobile into the automobile in which plaintiff
was riding as a passenger. Defendant filed pleas of recoupment, the general issue, and contributory negligence, the gravamen
of the latter being that plaintiff negligently grabbed the steering wheel of the car in which she was riding, thereby proximately
contributing to the accident. The case was tried before the Judge without a jury. Judgment was for the defendant, and plaintiff
brings this appeal. The assignments of error challenge the ruling of the trial court in denying the plaintiff's motion for a new trial. The ground
of the motion meriting treatment is that the judgment was against the great weight of the evidence. On this review we are
remitted to the oft-stated principle that the findings of the trial court on conflicting evidence are given the equal presumption
as a verdict of the jury, and unless those findings are shown to be palpably wrong, they will not be disturbed. 2-A Ala.Dig.,
Appeal & Error, +931(1-b), p. 244, et seq. On a studious consideration of the facts disclosed by the record, we reach
the Conclusion that there is no warrant for disturbing the findings below. We will make a brief reference to these facts.

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