Zackary v. Georgia, Florida & Alabama Railway Co.
Supreme Court of Florida
This case was decided by Division. A. Writ of error to the Circuit Court for Leon County. The facts in the case are stated in the opinion of the court.
1Opinion of the CourtWhitfield, C. J.
— This writ of error was taken under the statute to an order granting a new trial in an action at law. The only matter for determination is the alleged error in granting the new trial.
A motion for new trial is addressed to the sound judicial discretion of the trial courts, and where a trial court grants such a motion the action in doing so is presumed to be in accordance with the justice and merits of the case, unless the contrary appears by the record. An order of the trial court granting a new trial should not be disturbed by an appellate court, unless it appears affirmatively from the…
2Cases cited1 opinion
- Jones v. Jacksonville Electric Co.Supreme Court of Florida · 1908
3Cited by8 opinions
- Ruff v. Georgia, Southern & Florida Railway Co.Supreme Court of Florida · 1914
- Carney v. StringfellowSupreme Court of Florida · 1917
- Aberson v. Atlantic Coast Line RailroadSupreme Court of Florida · 1914
- Dunnellon Phosphate Co. v. Crystal River Lumber Co.Supreme Court of Florida · 1912
- Anthony Farms Co. v. Seaboard Air Line RailwaySupreme Court of Florida · 1915
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