Missouri Pac. R. R. Co., Guy A. Thompson v. Burks

A jury found in favor of Thomas J. Burks and against appellants for $2,500 to compensate personal injuries, upon which judgment was rendered. . While an appeal to this court was pending, appellants moved in the lower court to have the judgment set aside and a new trial granted on the ground of newly discovered evidence. The motion was denied, and from the judgment of denial-there was an appeal to this court. The two cases have been consolidated..The questions are; (1) Were erroneous instructions given in the case which resulted in judgment of $2,500, and (2) did the court abuse its discretion…