Thornton v. Abbott, Parker & Co.

32 S.E. 603, 105 Ga. 846, 1899 Ga. LEXIS 789

Opinion

Dttmpkin, P. J.

When a case, because of conflicting evidence, is, upon the issues of fact involved, close and doubtful, and its determination depends entirely upon questions of credibility, and there is no decided weight of evidence in favor of either side, a second new trial should not be granted to the same party “upon the ground that the verdict was not authorized by a preponderance of the evidence.” Judgment reversed.

All the Justices concurring.