Being unable to say, as a matter of law, that the trial judge abused his discretion in this, the first grant of a new trial, this court will not interfere. Civil Code (1910), § 6204; Holland v. Williams, 3 Ga. App. 636 (60 S. E. 331); Smith v. Maddox-Rucker Banking Co., 8 Ga. App. 288 (1) (68 S. E. 1092).

Judgment affirmed.