State Highway Department v. Smith

Deen, Judge.

1. The judgment appealed from states: “After hearing argument of counsel for both parties, the court hereby sustains ground 4 of the motion for new trial.” In the present state of the law, our first decision must be whether this court, on the first grant of a new trial, may limit its review to the question of law raised by this special ground, or whether no reversal may be had unless it appears that a contrary verdict is demanded by the evidence as a whole. Code Ann. § 6-1608 is based on Ga. L. 1959, p. 353, which the Supreme Court construed in CTC Finance Corp. v. Holden, 221 Ga.…