
    Smith v. City of Rome.
    Submitted March 25,
    Decided April 24, 1899.
    Action for damages. Before Judge Fite: Floyd superior court. January term, 1898.
    . Wright & Ewing and Dean & Dean, for plaintiff.
    
      O. W. Undenuood and Rowell & Roivell, for defendant.
   Little, J.

There being in this case issues of fact which should have been passed upon by a jury, it was error to grant a nonsuit.

Judgment reversed.

All the Justices concurring.  