Atlantic & Birmingham Railway Co. v. Cobb

53 S.E. 591, 125 Ga. 121, 1906 Ga. LEXIS 72

Opinion

I<Tsh, O. J.

This case is controlled by the well-settled rule, that where it does not appear that the verdict was demanded under the law and the evidence, the first grant of a new trial will not be disturbed, though based on a specified ground of the motion, without regard to the merit of such ground. Smith v. Hightower, 123 Ga. 110.

Judgment affirmed.

All the Justices concur.