Florida Central & Peninsular Railroad Co. v. Grant

35 S.E. 271, 110 Ga. 328, 1900 Ga. LEXIS 432
Supreme Court of Georgia·Decided March 3, 1900·Published·Cited by 2 cases

Opinion

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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Florida Central & Peninsular Railroad Co. v. Grant, 35 S.E. 271, 110 Ga. 328, 1900 Ga. LEXIS 432 (Ga. 1900).

35 S.E. 271 (Florida Central & Peninsular Railroad Co. v. Grant) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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