Newkirk v. Oregon-Washington Railroad & Navigation Co.

COSHOW, O. J.

2. We must accept the jury’s verdict as to the facts. The evidence was very contradictory. Defendant testified that he was brutally and without warning assaulted by being struck on the side of the head with a lantern, or some other object which rendered him at least partially unconscious, and then partially shoved and partially kicked from the train or thrown therefrom. The conductor on the train and his three brakemen, the engineer and fireman, all testified in direct contradiction to the testimony of plaintiff and his traveling companion, Mr. Stotlar. If we were sitting as a…