Supreme Court of Georgia April 25, 1884 (Frank v. City of Atlanta)

Hall, Justice.

1. Had there been no disputed facts in this case, and had its determination depended solely upon questions of law, then it should have been disposed of on a motion for a non-suit. Frank vs. Atlanta Street Railroad Company, decided to-day.

We think the non-suit wrong in the present instance, because both questions of law and fact were involved in the issues made.