77 Ga. 584 | Ga. | 1887
5. There have been two trials of this case, in each of which verdicts were found for the plaintiff. The evidence as to the nature and extent of the injuries received by the plaintiff ánd the cause of these injuries, is directly conflicting. That of the defendant makes it appear that they were trivial, from whatever cause they arose, while, on the other hand, the plaintiff’s evidence shows that they were of a serious and permanent character, and attributes their origin to the derailing of the car in which he was a passenger. While, therefore, the verdict was not absolutely demanded, yet it is sustained by the evidence, and the judge does not appear to have abused his discretion in refusing to grant a new trial, but to have exercised it prudently and cautiously.
Judgment affirmed.