Reinschmidt v. Louisville & Nashville Railroad

(dissenting).—This case was heretofore before us. See Reinschmidt, et al., v. L. & N. R. R. Co., filed October 7th, 1933, reported 150 Sou. 266. On the mandate going down jury trial was had. Verdict was in favor of defendant. On motion, verdict was set aside and new trial granted.

Motion for new trial contained nine grounds, as follows:

“1. The verdict is contrary to evidence.

“2. The verdict is contrary to the law.

“3. The verdict is contrary to the charge of the court.

“4. The verdict is not supported by the evidence.

“5. The verdict is against the weight of the evidence.

“6. The verdict is…