
    No. 13381.
    Kizzee v. The Bird Iron Co.
    Decided December 19, 1912.
    Error to Circuit Court of Lawrence county.
    
      Mr. A. R. Johnson; Mr. A. J. Layne and Mr. Dan C. Jones, for plaintiff in error.
    
      Messrs. Andrews & Irish; Mr. L. K. Cooper and Messrs. Bannon & Bannon, for defendant in error.
    Judgment modified and cause remanded to court of common pleas. Ground stated in journal entry.
   It appearing upon the record that the circuit court, among other reasons, reversed the judgment of the common pleas on the ground that the judgment was against the manifest weight of the evidence, said judgment of reversal is, therefore, affirmed under Rule XIX of this court. And it further appearing that the circuit court entered a final judgment in said cause, such final judgment of said circuit court is reversed, set aside and held for naught, for error of the court in entering the same, it appearing that there is a substantial conflict of evidence in this record. And said cause is remanded, to the court of common pleas for a new trial and further proceedings according to law.

Spear, Johnson, Donai-iue and O’Hara, JJ., concur.  