Westgate v. Erie Railroad

Smith. P. J.,

The question involved on this motion is one of considerable importance and somewhat novel, and for a clear understanding we deem it proper to detail the proceeding anterior to this rule.

The action is trespass. After several continuances well founded, the case came on for trial before a judge and jury March 8, 1921; whereupon several motions were made and disposed of by us, not important here until those which we now note.

First, a jury was duly empaneled and sworn, and, on motion, went upon the premises as a jury of view to report in court Aug. 10,1921, at 9 o’clock A. M., when,…