Richie v. Louisville & Nashville Railroad

99 S.E. 309, 23 Ga. App. 741, 1919 Ga. App. LEXIS 328

• Court: Court of Appeals of Georgia
• Decided: May 16, 1919
• Docket: 10246, 10247
• Status: Published

Opinion

Luke, J.

It appears to be conclusively settled that, notwithstanding the return of a second verdict in favor of the same party, the trial judge may still exercise his discretion in granting or refusing a new trial, though that discretion may not then be as ample as on the hearing of the motion for a first new trial (Morgan v. Lamb, 16 Ga. App. 484, and cases there cited, 85 S. E. 792) ; and under the particular, facts of the instant case the second grant of a new trial was not an abuse of the discretion vested in the trial judge.

Judgment affirmed on both bills of exceptions.

Wade, C. J., and Jenkins, J., conewr.