Orchard v. Charlotte Harbor & Northern Railway Co.

This writ of error is directed' to an order granting a new trial, following a verdict for the plaintiff Harry Orchard, under a declaration charging the railway company with negligently setting fire to his orange grove. The motion for a new trial contained thirty-eight grounds, and was sustained generally.

The plaintiff in error entirely misconceives the rule of law governing appellate courts in reviewing the order of trial courts in the granting of new trials. A clear statement of the rule was made by this court in Farrell v. Solary, 43 Fla. 124, 31 South. Rep. 283, and this rule has governed…