Baker v. Peavy-Wilson Lumber Co.

Terrell, C. J. —

In a common-law action for the negligent death of a minor son, plaintiff in error recovered a judgment against defendant in error which on motion was set aside and a new trial was granted. This writ of error is to the order granting the new trial.

Plaintiff in error contends that the trial judge granted the new trial because he differed from the jury as to the credibility of the witnesses and.as to the probative effect of the evidence.

The order granting the new trial shows that four elements were in the mind of the court when he made it, viz.: (1) Sufficiency of his charge as…