This being file first grant of a new 'trial, and it not appearing tliat tlie verdict rendered was demanded under the law and the ■ evidence, nor that the trial judge abused his discretion, the judgment granting the new trial will not be 'disturbed.
Judgment affirmed.
Jenkins, P. J., and Mill, J., concur. F. M. Scarlett, Jr., for plaintiff in error. Frank H. Harris, contra.