1. The objection to the affidavit in forma pauperis having been removed' by the payment of costs, under permission of this court, and, upon a suggestion of a diminution of the record, a certified transcript sent to this court by the clerk of the trial court, showing an acknowledgment of service upon the motion for a new trial, the motion to dismiss the writ of error is overruled.

2. Upon a careful consideration, of the evidence in the case, it did not .authorize the direction of a verdict in favor of the defendant.

(a) In the case of Atlantic & Birmingham, Railway Co. v. Reynolds, 117 Ga. 47 (43 S. E. 456), the decision made was in reference to a charge of the court in regard to the rule of diligence incumbent upon a master who has purchased a permanent structure and continues to use it; it did not involve the direction of ¿I verdict; and the evidence in the present case in regard to the construction and reconstruction of the tele*572phone line in question presented, some features for consideration by the jury which were not present in that case.

Judgment reversed.