Paul v. Duluth, Missabe & Iron Range Ry. Co.

NORDBYE, Chief Judge.

In presenting his argument, plaintiff’s counsel conceded that the showing did not justify any consideration of the alleged ground for new trial based upon newly discovered evidence, and informed the Court that such purported ground was withdrawn.

Plaintiff urges that the Court erred in sustaining defendant’s objection to the questions asked the witnesses Lloyd Sunnarborg and Robert Risberg on rebuttal. The offer of proof pertained to the experiences with alleged defective and insecure hand brakes on cars of the defendant that these two former employees of the Zenith Dredge…