Comer v. Hill

Atkinson, J.,

concurring specially. Without assenting either to the correctness of the conclusion reached by the majority of the court touching the matters of fact involved in the record in this case, or to the doctrine that the verdict of a jury, based upon a conflict of evidence, when approved by the trial judge, is subject to review in this court, I concur in the judgment awarding a new trial for the special reason that, as matter of law, the verdict is excessive.