Gus Mayer Co. v. Louisville N. R. Co.

THOMAS, Justice.

The action of the trial court consisted in granting the motion for a new trial in the first instance for defendant, rendering a reduced judgment on resubmission, and overruling plaintiff’s motion for a new trial. The lower court tried without a jury.

The evidence was undisputed that plaintiff sustained damages in the amount indicated in the first judgment, whereas the judgment on resubmission fo-r a smaller amount was in accord with the limitations of the federal statute and southeastern tariff on file. On the date of the injury and damage, the defendant had on file with the…