Zackary v. Georgia, F. & A. Ry. Co.

• Decision Date: 21 November 1911
• Citation: Zackary v. Georgia, F. & A. Ry. Co., 56 So. 686, 62 Fla. 419 (Fla. 1911)
• Court: Florida Supreme Court
• Parties: ZACKARY et al. v. GEORGIA, F. & A. RY. CO.

56 So. 686

62 Fla. 419

ZACKARY et al. v. GEORGIA, F. & A. RY. CO.

Florida Supreme Court, Division A.

November 21, 1911

Error to Circuit Court, Leon County; J. W. Malone, Judge.

Action by A. D. Zackary and others against the Georgia, Florida &amp Alabama Railway Company. Verdict for plaintiffs. From an order granting a new trial, plaintiffs bring error. Affirmed.

Syllabus by the Court

SYLLABUS

A motion for a new trial is addressed to the sound judicial discretion of trial courts, and, where a trial court grants such a motion, the action in doing so is presumed to be in accordance with the justice and merits of the case, unless the contrary appears by the record. An order of the trial court granting a new trial should not be disturbed by an appellate court, unless it appears affirmatively from the record that there has been an abuse of a sound judicial discretion, or that some settled principle of law has been violated.

When the trial court grants a motion for a new trial and one of the grounds of the motion is that the verdict is not supported by the evidence, and it does not appear upon what ground the motion was granted, and there is conflicting testimony upon a material issue in the cause, the appellate court will not reverse the order where there is no palpable preponderance of evidence in favor of the verdict.

COUNSEL

Geo. B. Perkins and W. C. Hodges, for plaintiffs in error.

Frederick T. Myers, for defendant in error.

OPINION

WHITFIELD C.J.

This writ of error was taken under the statute to an order granting a new trial in an action at law. The only matter for determination is the alleged error in granting the new trial.

A motion for new trial is addressed to the sound judicial discretion of the trial courts, and, where a trial court grants such a motion, the action in doing so is presumed to be in accordance with the justice and merits of the case unless the contrary appears by the record. An order of the trial court granting a new trial should not be disturbed by an appellate court, unless it appears affirmatively from the record that there has been an abuse of a sound judicial discretion, or that some settled principle of law has been violated.

When the trial court grants a motion for new trial and one of the grounds of the motion is that the verdict is not supported by the evidence, and it does not appear upon what ground the motion was granted, and there is conflicting...