Railroad v. Blair

Tbis is an action for damages for ejecting the plaintiff from tbe train of the defendant company. There was a trial before the Court and a jury, and a verdict for $800, $400 of which was remitted, and for the balance judgment was rendered, and the railroad company has appealed.

It is insisted that this verdict cannot be disturbed, because two verdicts have been already set aside, and under Code, sec. 4850, a third verdict cannot be set aside upon the facts. We are of opinion the second verdict in this case was not set aside upon the facts, but upon surprise on part of defendant on account of…