McCarty v. Mitchell

Smith, O. J.,

delivered the opinion of the court.

This is an appeal from a judgment for the appellee for damages sustained by him because of a personal injury alleged to have been caused by him by the negligence of the appellants. The case was tried twice. Gn the first trial judgment was rendered for the appellants, but was set aside by the court below; on the second trial, a judgment was rendered for the appellee. The record brings under review the setting aside of the first judgment. The reason assigned by the trial judge for setting aside the judgment was that he had erred in granting and…