Kosnicki v. Pere Marquette Railway Co.

On further consideration of this case, I am impressed that the trial court erred in refusing to grant a new trial for the reason that the verdict was against the overwhelming weight of the evidence.

The issue was plainly submitted to the jury in the following instruction:

“Was the plaintiff’s horse in the position as claimed, and was the whistle of the locomotive blown while it was directly upon the crossing, as claimed; and if so, was the blowing of that whistle the proximate cause *253of injury received, or the frightening of the horse which caused the injury to the plaintiff; was the plaintiff…