Chappell v. Clegg

Townsend, Judge.

Code § 6-1608 provides: “The first grant of a new trial shall not be disturbed by the appellate court, unless the plaintiff in error shall show that the judge abused his discretion in granting it, and that the law and facts require the verdict notwithstanding the judgment of the presiding judge.” It is never an abuse of discretion to grant a new trial where the evidence is in conflict. Aubrey v. Foster, 138 Ga. *75394 (74 S. E. 758); Tri-State Augusta, Inc. v. Woodward Lumber Co., 88 Ga. App. 748 (77 S. E. 2d 769). In the present action for damages for personal injuries sustained by…