
    Spencer v. Rowe.
    May 9, 1911.
    Trover'. Before Judge Brand. Gwinnett superior court. January 22, 1910.
    
      E. O. Dobbs and I. L. Oakes, for plaintiff in error.
    
      J. V. Pool and J. A. Perry, contra.
   Eish, C. J.

A verdict was rendered for the plaintiff. The judgment of the trial court overruling the defendant’s' motiop for a new trial was reversed by the Supreme Court, on account of an erroneous instruction given to the juj-y. Rowe v. Spencer, 132 Ga. 426 (64 S. E. 468). Upon a second trial a verdict was again rendered in favor of the plaintiff. The trial judge granted a new trial. This was the first exercise of his discretion in granting a new trial. As the verdict under the evidence and the law applicable thereto was not demanded, there was no abuse of discretion by the trial judge, and his judgment granting a new trial will be affirmed. Kuhnen v. Postal Telegraph-Cable Company, 135 Ga. 390 (69 S. E. 554).

Judgment affirmed.

All• the Justices concur.  