Weakley County Road Commissioners v. Illinois Central Railroad

Pee Curiam.

This is an appeal in error from the judgment of the trial'judge, who disposed of the case without the. intervention of a jury. Ho motion for a new trial was made in the court below.

In Railroad v. Johnson, 114 Tenn., 632, 88 S. W., 169, there was an intimation of our dissatisfaction with- the earlier holding that in such a case a motion for a new trial was not necessary. Since then it has been held that it is essential. This harmonizes the practice in all cases coming to this court from the common-law courts.

Judgment affirmed..