Chevaillier v. Denson

Decided July 1, 1852

Texas Supreme Court · decided 1852-07-01

This was an action by the appellee against the appellant to recover the freight for the carriage of a quantity of cotton. The defendant recovered for damages occasioned by injury done to the cotton by exposure during the voyage. Tiie plaintiff proved his demand.

Cited by 1 later decisions — most recently February 1883

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1852-07-01

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Wheeler, J.

¶1The only ground for error relied on is the refusal of the court to grant a new trial.

¶2The question submitted to tiie jury was one of fact. It became their duty to decide in a conflict of testimony. It was their peculiar and exclusive province to decide upon tiio credibility of the witnesses and tiio weight of evidence. In such a case it is well settled that the judgment of the District Court refusing a new trial will not be reversed on the ground that tiie verdict was contrary to the evidence. Tiie judgment is affirmed.

¶3Judgment affirmed.