
    Zimmerman v. Western & Atlantic Railroad Company, and vice versa.
    
    Argued April 19, 20,
    Decided June 9, 1897.
    Action for damages. Before Judge Gober. Cobb superior court. March term, 1896.
    
      J. Z. Foster, for plaintiff.
    
      Payne & Tye and Clay & Blair, for defendant.
   Simmons, C. J.

The declaration set forth a cause of action, and the evidence introduced by the plaintiff in support thereof presented questions for consideration and determination by the jury, and not for solution by the trial judge. There was no error in overruling the general demurrer to the petition, but it was erroneous to grant a nonsuit.

Judgment on the main bill of exceptions reversed; on cross-bill affirmed.

All the Justices concurring.  