77 Ga. 788 | Ga. | 1886
Had this been the first grant of a new trial, it is conceded that there could have been no reason for interfering with the judgment ordering it because of any abuse of discretion on the part of the judge who presided in the case ; but inasmuch as it is the second verdict in favor of the plaintiff, it is contended that the court had no right to set it aside, upon the ground that it was decidedly and strongly against the weight of evidence, if there was any testimony, however slight, to authorize it. Had this assumption been true, the conclusion insisted on would have followed, and this would be so if there was a decided preponderance of evidence in its favor, even though the judge refused a proper charge, requested in writing by the defendant, which would not, if given, necessarily have changed the finding. A careful examination of the record, however, satisfies us that the plaintiff’s case for a recovery was de
The new trial was properly awarded on each one of the
Judgment affirmed.