
    Atlantic and Birmingham Railway Company v. Cobb.
    Submitted February 28,
    Decided March 24, 1906.
    Action for damages. Before Judge Littlejohn.' Dooly superior court. January 25, 1905.
    
      Rosser & Brandon, J. L. Sweat, and drum & Jones, for plaintiff in error.
    
      J. H. Hall, Busbee & Busbee, and Warren Roberts, contra.
   I<Tsh, O. J.

This case is controlled by the well-settled rule, that where it does not appear that the verdict was demanded under the law and the evidence, the first grant of a new trial will not be disturbed, though based on a specified ground of the motion, without regard to the merit of such ground. Smith v. Hightower, 123 Ga. 110.

Judgment affirmed.

All the Justices concur.  