Orr v. Huff

Decided January 15, 1859

Supreme Court of Georgia · decided 1859-01-15

Assumpsit, in Macon Superior Court. Tried before Judge Eamar, at September Term, 1858. This was an action by Travis Huff, against Dickinson W. Orr, administrator of Andrew J. Orr, deceased, to recover damages for the breach of warranty, of the soundness of a slave sold by the intestate, in his lifetime, to plaintiff The following is the bill of sale, containing the warranty, for the breach of which the action is brought: “ Georgia, Bibb County. April 13th, 1850.

Decided 1859-01-15

¶1By the Court.

Benning J.

¶2delivering the opinion.

¶3The Court below refused to grant a new trial. Ought this *427Court to disturb that decision? We think not. We cannot say, that the verdict was decidedly and strongly against the weight of the evidence. There was much evidence for the verdict; one great fact was, that the child never grew any after the sale; but even, if the verdict was decidedly and strongly against the weight of the evidence, it would not follow, of necessity, that a new trial ought to be granted. Even, in such a case, the Act of 1854, merely confers the power, in the exercise of a sound discretion, to grant a new trial; the act does not impose the duty to grant a new trial.

¶4Judgment affirmed.