Central Railroad v. Moore

Jackson, Justice.

The plaintiff’s husband was killed and found lying near the track of the defendant’s road. She sued the road for damages, and the jury found $2,000.00. A motion was made for a new trial, the court granted it, unless a certain part of the verdict was written off, which was done, and the defendant excepted, and insisted that the new trial should have been unconditionally granted. Three grounds are relied upon here why this should have been done :

1st. Because the court erred in allowing the plaintiff to prove that there was a verdict found at the inquest held upon the body of…