Southern Railway Co. v. Higgins

Fish, J. This being the first grant of a new.trial, the judgment'below will not be disturbed by this court; for, although the new trial was granted upon a special ground, it does not affirmatively appear that the law and the facts necessarily required the verdict which the jury rendered. Civil Code, 25585; Johnson v. Georgia R. R. Co., ante, 577. Judgment affirmed. All the Justices concurring.