Barr v. Railroad

Oaiu>weul, J.

Action of damages for personal injuries; demurrer to evidence sustained and suit dismissed, and appeal in error by plaintiff.

1. Tbe defendant’s motion to affirm because no motion for new trial was made below, is overruled. A motion for a new trial is not a prerequisite to an appeal in error, when the case is tried by tbe Court without- the intervention of a jury, as was done in this instance. Lancaster v. Fisher, 94 Tenn., 222.

2. The motion to affirm because there is no bill of exceptions is likewise overruled. Every demurrer to the evidence must incorporate the evidence (Hopkins…