Payne v. National Transit Co.

THOMSON, District Judge.

This is a motion on the part of the defendant for a new trial. The case is one of interest and importance, not only because of the amount, but also because of the legal questions, *412involved. Briefly stated, the suit is by the Director General of Railroads to recover on a covenant of indemnity the amount of a certain judgment rendered against the plaintiff for damages caused by the destruction from fire of the plant of the Joseph Reid Gas Engine Company, through negligence in the operation of the railroad. The legal questions relied upon in support of defendant’s motion…