Supreme Court of Georgia, 1899

Thornton v. Abbott, Parker & Co.

Thornton v. Abbott, Parker & Co.
Supreme Court of Georgia · Decided February 11, 1899 · Dttmpkin
105 Ga. 846; 32 S.E. 603; 1899 Ga. LEXIS 789

Thornton v. Abbott, Parker & Co.

Opinion of the Court

Dttmpkin, P. J.

When a case, because of conflicting evidence, is, upon the issues of fact involved, close and doubtful, and its determination depends entirely upon questions of credibility, and there is no decided weight of evidence in favor of either side, a second new trial should not be granted to the same party “upon the ground that the verdict was not authorized by a preponderance of the evidence.” Judgment reversed.

All the Justices concurring.

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