
    6780.
    Albany Coca-Cola Bottling Co. v. Lowrey.
    Decided May 2, 1916.
    Reheabins denied May 26, 1916.
    Trover; from city court of Dawson — Judge Edwards. June 24, 1915.
    
      H. A. Wilkinson, for plaintiff.
    
      M. J. Yeomans, W. II. Gurr, Dorsey, Brewster, Howell & Hey-man, John E. MacDonald Jr., for defendant.
   Bboyies, J.

1. There was no error in overruling the demurrer to the de fendant’s answer.

2. This was a suit in trover, and the evidence demanded a finding that the title to the property (Coca-Cola bottles) sued for, and the right of possession, were in the plaintiff; and, the undisputed evidence further showing that the property was in the possession of the defendant when the suit was filed, and that a demand for the property was made upon the defendant by the plaintiff before the suit was filed, and that this demand was refused, a verdict in favor of the plaintiff was demanded; and, consequently, the verdict rendered in favor of the defendant was contrary to law and to the evidence.

Judgment reversed.

Russell, O. J., dissents.  