Brenner v. Wright

ON MOTION EOR REHEARING.

Duckworti-i, Justice.

While it has been uniformly held that the record would not be closely scrutinized on exceptions to the first grant of a new trial (Haynie v. Watson, 70 Ga. 707; Savannah, Florida & Western Railway v. Barber, 71 Ga. 644; King v. American B. H. O. &c. Co., 72 Ga. 210; Wicker v. Walter, 77 Ga. 490; Aldine Manufacturing Co. v. Warner, 95 Ga. 566, 20 S. E. 496; Brenner v. Wright, 183 Ga. 510, supra), yet it has with equal uniformity been held that if the evidence demanded the verdict the first grant of a new trial would be reversed. Knight v. Isom, 113…