McCabe v. Pennsylvania Railroad

Opinion by

Mr. Justice Drew,. Plaintiff brought this action in trespass to recover damages for injuries which, he alleged, he sustained as a result of swallowing glass contained in a jelly omelet served to him on a dining car of defendant company. At the trial, a verdict was returned for plaintiff in the sum of $15,000. Defendant moved for judgment n. o. v., and later, on the ground of after-discovered evidence, petitioned the court for leave to move for a new trial nunc pro tunc. After a hearing and argument, the learned court below denied defendant’s petition, overruled its motion for…