Martin v. Denson

Hall, Judge.

After a verdict for $800 in this negligence action, the trial court granted the plaintiff’s motion for new trial on the general grounds. The defendant appeals from this judgment, contending that since the Civil Practice Act (Ga. L. 1966, p. 609, as amended; Code Ann. Title 81A) the first grant of a motion for new trial is subject to review as an abuse of discretion by the trial court. The law prior to the Civil Practice Act, supra, was that the first grant of a new trial was not error unless the evidence demanded a verdict for the party opposing the motion. Code § 6-1608; Harper…