
    Western & Atlantic Railroad Co. v. Willingham, and vice versa.
    
    August 16, 1895.
    Action for damages. Before Judge Milner. Bartow superior court. July term, 1894.
    
      Payne & Tye and J. W. Hams, Jr., for tbe railroad company. A. H. Oox and J. W. Aldn, contra.
   Atkinson, J.

There was no error in refusing to give in charge to the jury the several requests presented by the defendant. There was sufficient evidence to warrant the verdict, and the trial judge having approved the same, this court will not overrule his discretion in .refusing to grant a new trial.

Judgment on piain Mil of exceptions affirmed.

Both Mils of exceptions filed by defendant in error dismissed.

Lumpkin, J.,

dissenting. — The evidence failed to make out a case authorizing a recovery, and the judgment ought to be reversed.  