
    Smith v. The Chattanooga, Rome & C. Railroad Co.
    July 7, 1890.
    Bean & Smith and J. J. Northcutt, for plaintiff.
    Babney & Fouché, for defendant.
   Bleckley, C. J.

There was no error in granting a first new trial in this case. The court was well warranted in so doing.

Judgment affirmed.  