QUILLIAN, J.
We shall refer to the plaintiff in error as the defendant and the defendant in error as the plaintiff.
1. Grounds 4 and 5 of the motion for new trial complain that the judge charged the jury: "The court does not intend to intimate or express to you, by anything stated in the charge any opinion as to any disputed facts in the case, nor as to who should recover in the case; these questions being exclusively for you gentlemen to determine, except...
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