Yalanzon v. Gilbert

Smith, Judge.

Yalanzon, the appellant, was the defendant in a negligence suit. Twice a jury has returned a verdict in his favor, and twice the trial court has granted the plaintiffs motion for a new trial. From the grant of the second motion Yalanzon appeals. Granting or denying a new trial in the first instance is left largely to the trial court’s discretion; however, when a new trial is granted after successive identical verdicts the presumption of legality weakens. Ansley v. Atlantic C. L. R. Co., 86 Ga. App. 152, 155 (71 SE2d 434). It is the policy of the law not to interfere with the…