
    Western and Atlantic Railroad Company v. Callaway.
    Submitted July 18,
    Decided December 14, 1906.
    Action for damages. Before Judge Fite. Whitfield superior court. December 15, 1905.
    
      Payne & Tye and R. J. & J. McCamy, for plaintiff in error.
    
      J. M. Rudolph and 8am P. Maddox, contra.
   Beck, J.

This court will not interfere with the discretion of the court below in granting a first new trial, unless the evidence demands the verdict. -The evidence in the present case being conflicting, the grant of a. new trial will not be reversed.

Judgment affirmed.  