
    Southern Railway Company v. Higgins.
    Argued June 18,
    Decided July 28, 1897.
    Action, for damages. Before Judge Ross. City court of Macon. September term, 1896.
    
      Hill, Harris & Birch, for plaintiff in error.
    
      R. G. Jordan and Preston & Ayer, contra.
   Fish, J.

This being the first grant of a new.trial, the judgment'below will not be disturbed by this court; for, although the new trial was granted upon a special ground, it does not affirmatively appear that the law and the facts necessarily required the verdict which the jury rendered. Civil Code, 25585; Johnson v. Georgia R. R. Co., ante, 577.

Judgment affirmed.

All the Justices concurring.  