
    1749.
    Southern Railway Company v. Bivings.
    Action for damages — appeal, from Whitfield superior court— Judge Eite. January 14, 1909.
    Argued M'ay 5, —
    Decided October 5, 1909.
    
      J. M. Rudolph, Maddox, McCamy & Shumate, for plaintiff in error. George G. Glenn, contra.
   Bull, C. J.

When this case was here before, this court held that .there was no evidence to support the verdict against the railroad company. 3 Ga. App. 552 (60 S. E. 287). No evidence was introduced on the second trial which changes the opinion of the court. The plaintiff not only failed to make out a prima facie case of negligence, but the evidence in his behalf affirmatively proved that the railroad was not liable.

Judgment reversed.  