Power v. Savannah, Skidaway & Seaboard Railroad

Jackson, Judge.

On the appeal from arbitrators to assess damages for right of way over plaintiffs’ land, the jury found $1,000 00 for plaintiffs. Notice, was given of a motion for a new trial; the motion was made; no supersedeas was obtained; no brief of the testimony was approved by the court. Judge Schley, who tried the case, passed out of office, and the motion for a new trial came before the present judge of the Eastern Circuit, Judge Tompkins, who granted the new trial, and error is assigned thereon.

1. The first error assigned is that the judge erred in hearing the motion for a new trial…