Louisville & Nashville Railroad v. Barksdale

1. “The first grant of a new trial will not be disturbed by the Supreme Court, unless the plaintiff in error shows that the judge abused his discretion in granting it, and that the law and facts required the verdict notwithstanding the judgment of the presiding judge.” Civil Code (1910), § 6204. - “However great the preponderance of evidence in favor of the party who was successful upon the trial of the ease in the lower court, the first grant of a new trial will not be disturbed unless it appears, upon examination of all the evidence, that the verdict as rendered was demanded; and as it can…