
    Georgia Railroad and Banking Company v. Sawyer.
    Argued November 8,
    Decided November 29, 1900.
    Action for damages. Before Judge Evans. Morgan superior-court. September term, 1899.
    
      Joseph B. & Bryan Cumming and Foster & Butler, for plaintiff in error. Q. L. Williford and George & George, contra.
   Cobb, J.

The evidence in the present case demanded a finding that the husband of the plaintiff, by the exercise of ordinary care, could have avoided the consequences of tlie defendant’s negligence; and therefore a recovery in her favor on account of his homicide was contrary to the evidence, and a refusal to grant a new trial on this ground was error.-

Judgment reversed.

All the Justices concurring.  