D. H. Overmyer Warehouse Co. v. W. C. Caye & Co.

This being an appeal from the trial court’s first grant of a new trial, this court should not reverse except upon a showing that the trial court abused its discretion. Code Ann. § 6-1608.

Under the confused circumstances of this case, where the court sitting without a jury had entered judgment for the defendants, it did not abuse its discretion in the first grant of a new trial to the plaintiff.

As pointed out in Griffin v. Sellers, 170 Ga. 577 (153 SE 359), appellate courts “will not closely scrutinize the facts in evidence or endeavor to balance with great exactness the testimony of both…