Georgia Southern & Florida Railway Co. v. Bryan

1: “Where a judge in passing on a motion for a new trial did not originally try the case, his discretion is not as broad as it would be otherwise; but he still has discretion to grant a new trial, where the evidence preponderates against the verdict” . (Brice v. Whitehurst, 8 Ga. App. 291, 68 S. E. 1075), or where, under the evidence and the law applicable to the issue made, the verdict rendered was not demanded, and it is not made plainly to appear that the judge abused his discretion, Butler v. Sansone, 138 Ga. 767 (76 S. E. 54); Civil Code, § 6204-*2542. The provisions of sections 6088 and 6204…