Seaboard Air Line Railway v. Anderson
Citations
- 73 Fla. 1
- 73 So. 837
Syllabus
<p>1. Where a motion for new trial is duly made, the party making it is entitled to the benefit of the judicial opinion of the trial judge thereon.</p> <p>2. If upon a motion for new trial duly made the trial judge is of opinion that there is difficulty in reconciling the verdict with the justice of the case and the manifest weight of the evidence, a new trial should be granted.</p> <p>3. Where in an order by the trial court denying a new trial in an action for damages caused by fire, the court states that “it seems to the court that it is most improbable, from the evidence, that the fire was caused by the defendant,” a new trial will be granted by the appellate court.</p>
Judges: Whitfield
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