Georgia Court of Appeals, 1919

Richie v. Louisville & Nashville Railroad

Richie v. Louisville & Nashville Railroad
Georgia Court of Appeals · Decided May 16, 1919 · Luke
23 Ga. App. 741; 99 S.E. 309; 1919 Ga. App. LEXIS 328

Richie v. Louisville & Nashville Railroad

Opinion of the Court

Luke, J.

It appears to be conclusively settled that, notwithstanding the return of a second verdict in favor of the same party, the trial judge may still exercise his discretion in granting or refusing a new trial, though that discretion may not then be as ample as on the hearing of the motion for a first new trial (Morgan v. Lamb, 16 Ga. App. 484, and cases there cited, 85 S. E. 792) ; and under the particular, facts of the instant case the second grant of a new trial was not an abuse of the discretion vested in the trial judge.

Judgment affirmed on both bills of exceptions.

Wade, C. J., and Jenkins, J., conewr.

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