Allen v. Southern Insurance Securities Corp.

1. The power of the trial court to grant a new trial is not limited by any absolute and invariable rule as to the number of times it may be exercised, although the presumption of the legality of such grant weakens upon each concurrent verdict. After one grant of a new trial, a subsequent grant on the discretionary grounds will be closely examined to see that the discretion of the court below has been justly and wisely exercised, in view of the facts of the particular case, and with due regard to the general consideration of the superior opportunity of juries to ascertain facts and of the…