Georgia Southern & Florida Railway Co. v. Hamilton Lumber Co.

Citations

• 63 Fla. 150

Syllabus

<p>1. An order of tbe Circuit Court granting a new trial will be reversed, if it appears that the order has violated some settled principle of law.</p> <p>2. Whether a charge given to the jury is erroneous or misleading should be determined by a consideration of the charge complained of in connection with all the other charges given, and the pleadings and evidence in the case.</p> <p>3. When it appears from the whole record that an alleged misleading charge could not reasonably have influenced the verdict to the injury of the complaining party, a new trial on that ground should not be granted.</p> <p>4. Where a new trial is granted on the specific ground that a charge “was, perhaps, misleading in view of the evidence,” and the charge when considered with other charges given and the evidence could not reasonably have mislead the jury, and the motion for new trials does not disclose errors injuriously affecting the movant, the order granting the new trial will be reversed.</p>