Brooks v. Union Depot Bridge & Terminal Railroad

This action for damages for personal injuries has twice been tried in the court below. At the first trial plaintiff had judgment and defendant filed its motion for a new trial, supported by affidavits, which said motion was sustained by the court, upon the following grounds, set forth in writing at the request of plaintiff :

“1. Because the court erred in not sustaining the demurrer by the defendant offered at the close of plaintiff’s testimony.

2. Because the court erred in not sustaining the demurrer by defendant offered at the close of all the testimony in the case.

3. Because the court erred…