Supreme Court of Georgia, 1900

Florida Central & Peninsular Railroad Co. v. Grant

Florida Central & Peninsular Railroad Co. v. Grant
Supreme Court of Georgia · Decided March 3, 1900 · Fish
110 Ga. 328; 35 S.E. 271; 1900 Ga. LEXIS 432

Florida Central & Peninsular Railroad Co. v. Grant

Opinion of the Court

Fish, J.

Inasmuch as the judge who passed upon and overruled the motion for a new trial did not preside at the trial of the ease, and as the .preponderance of the evidence was in favor of the defendant and the newly discovered evidence being not merely cumulative, but relating to new and independent facts, which may probably produce a different result upon another hearing, the ends of justice require a new trial. See as to first of above-stated reasons, Cleveland v. Treadwell, 68 Ga. 835.

Judgment reversed.

All the Justices concurring.

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