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Macon Consolidated Street Railroad v. Jones

42 S.E. 468, 116 Ga. 351, 1902 Ga. LEXIS 101
Supreme Court of Georgia·Decided August 9, 1902·Published·Cited by 15 cases

Opinion

3?ish, J.

Unless the verdict rendered was absolutely demanded by the evidence — which does not appear in this case — this court will not undertake to decide whether or not the trial judge abused his discretion in granting a first new trial, even though the grant thereof was based solely upon a single question of law, in the determination of which it was unnecessary to consider the evidence in the case. Weinkle v. Railroad Co., 107 Ga. 367; Watson v. Equitable Mortgage Co., 112 Ga. 253; Harvey v. Bowles, Ib. 363; McCain v. College Park, Ib. 701; Carter v. Dunson, 113 Ga. 374; Thornton v. Travelers Ins. Co., 116 Ga. 121.

Judgment affirmed.

All the Justices concurring, except Lewis, J., absent.

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Macon Consolidated Street Railroad v. Jones, 42 S.E. 468, 116 Ga. 351, 1902 Ga. LEXIS 101 (Ga. 1902).

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