
    Hazzard vs. The Mayor, etc., of Savannah.
    Where, a verdict having been found for the plaintiff, the presiding judge granted a new trial, and on exception thereto, this court refused to control his discretion and pronounced the case “ exceedingly weak,” and where, upon a second trial, the jury found, on the same facts, a verdict for the plaintiff larger by seven hundred dollars than it was before, the presiding judge did not abuse his discretion in granting a second new trial.
    
      (a.) It is the judgment granting a new trial to which exception is taken, and a reversal will not be granted, because the presiding .judge stated that, in his judgment, under the facts, there could be no recovery.
    Judgment affirmed.
    January 6, 1885.
   Jackson, Chief Justice.

[A first new trial was granted in' this case, and the judgment was affirmed by the Supreme Court at its September term, 1883. (72 Ga., 205.) On its return, the jury found a verdict of $700.00 larger than before, anj the court, on motion, granted a second new trial. Plaintiff again excepted.]  