
    414.
    Caudell v. Southern Railway Company.
    Action for damages, from Habersham superior court — Judge Ivimsey. January 30, 1907.
    Argued June 25,
    
    Decided September 19, 1907.
    
      J. C. Edwards, J. L. Perkins, for plaintiff.
    
      McMillan & Erwin, for defendant.
   Hill, C. J.

Tlie plaintiff having failed to prove his ease as laid, the court should have awarded a nonsuit. The defendant having introduced no testimony, the direction of a verdict in its favor was erroneous. Proctor & Gamble Co. v. Blakely Oil Co., 128 Ga. 606, 57 S. E. 879.

The judgment is reversed, with direction 'that in the trial court a judgment of nonsuit be substituted for the judgment rendered.  