Hawk v. Western & Atlantic Railroad

1. The rule that the first grant of a new trial will not be disturbed except where the verdict is demanded by the evidence is applicable to the first grant of a new trial to the defendant in the action, *396although a new trial had been previously granted the plaintiff in the same case. Jordan v. Dooly, 129 Ga. 392 (58 S. E. 879) ; Butler v. Sansone, 138 Ga. 767 (76 S. E. 54).

Decided June 27, 1917. Action for damages; from Whitfield superior court—Judge Fite. December 16, 1915. W. G. Martin, M. G. Tarver, for plaintiff. Tye, Peeples & Tye, Maddox, McGamy & Shumate, for defendant.

2. The order…