Central of Georgia Railway Co. v. Hardin

1. At the March term, 1901, a new trial was ordered in this case, because it appeared that the trial judge did not exercise the discretion imposed upon him by law in passing upon the sufficiency of the evidence to support the verdict. 113 Ga. 453. At the trial now under review a similar verdict was returned, and the judge in the exercise of such discretion upheld it. This being so, and there being some evidence to sustain the jury’s finding, the Supreme Court will not again interfere, though apparently a verdict for the defendant would have been more consistent with the evidence as a whole.

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