Pittman v. Smith

MAGER, Judge.

Defendant appeals from an order of the trial judge granting plaintiff’s motion for a new trial after a jury verdict in favor of the defendant based upon the judge’s finding that the verdict of the jury was contrary to the manifest weight of the evidence. We affirm.

Contentions similar to those raised by the defendant in this appeal were considered in Cloud v. Fallis, Fla.1959, 110 So.2d 669. There the Supreme Court of Florida held that it was the duty of the trial judge to grant a new trial if he concludes that the verdict is against the manifest weight of the evidence; and he…