Opinion

Central Truckaway System, Inc. v. Waltner

  • 36 Tenn. App. 202
  • 253 S.W.2d 985
  • 1952 Tenn. App. LEXIS 108
Court
Court of Appeals of Tennessee
Filed
Jul 15, 1952
Status
Published
Author
Hale
On the bench
Howard', McAmis, Hale
Cited by
24 cases
Authority
More cited than 7.6%

The opinion

*219 Hale, Judge

(dissenting).

As I understand appellate procedure it must affirmatively appear that the trial judge has approved the verdict of the jury before we can apply the material evidence rule.

In State ex rel. Richardson v. Kenner, 172 Tenn. 34 , 109 S. W. (2d) 95, 96 , there is approved the following-statement, viz.:

“The case had passed from the jury, and had reached that state in which the judge must approve or disapprove the verdict; and, ‘in discharging that exclusive and independent duty, he must unavoidably determine for himself, after giving all due weight to the verdict of the jury, whether or not the evidence # * * was sufficient to sustain that verdict. ’ ’ ’

For the trial Judge to say that he would not have disturbed the Jury’s verdict had it been for the defendants, indicates to my mind that the trial judge was controlled entirely by the verdict and that he did not exercise that exclusive and independent judgment required of him. In short, it was not the preponderance of the evidence but the action of the jury that was of sole importance.

I would reverse for this reason.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.