Florida Power Co. v. Cason

Citations

• 79 Fla. 619
• 84 So. 921

Syllabus

<p>1. Upon a motion for new trial the following order was made: “This cause has been to the Supreme Court of this State and the testimony there presented to the court they held that as the declaration stated a cause of action the matter should have been submitted to a jury. I am of the same opinion now as at that time, that the evidence did not show any cause of action, and for that reason directed a verdict. The evidence is now practically the same and as the court said, ‘there is at least some substantial evidence tending to show injury to the plaintiff’s land, and to the growing crops thereon by the rising of the surface waters much nearer the surface which is caused by the dam, the court erred in directing a verdict.’ I have submitted to the jury the evidence and they have made a finding and I hold it was within their province to determine the value of such testimony. The motion for a new trial is denied, to which ruling the defendant excepts.” Held: that if the judge was of the opinion that the evidence did not show any cause of action and was insufficient to sustain the verdict he should have granted a new trial to defendant.</p> <p>2. If the evidence at. the last trial was in legal effect substantially the same as at the first trial, still this court had not ' held, it sufficient to sustain a verdict for the plaintiff and the defendant was entitled to a ruling thereon by the trial judge, and if the trial judge was of the opinion that the verdict did not accord with the substantial justice of the case and- the manifest weight of the evidence it was his duty to grant a new trial duly ashed for.</p> <p>3. Although a motion for a directed verdict for one party may be denied, yet in the same case if the trial court is of the opinion that the verdict does not accord with the manifest weight of the- evidence and the substantial' justice of the case a new trial should be granted if duly made.</p> <p>4. The considerations. and legal principles that guide the judicial