Goodman's Adm'x v. Chesapeake & O. Ry. Co.

Opinion of the Couet by

Stanley, Commissionee—

Affirming.

There was a verdict for $3,000 upon the first trial of appellant’s suit to recover damages of the appellee for the death of Robert Goodman. The defendant’s motion for a new trial was sustained, and upon the second trial, at the conclusion of the plaintiff’s evidence, a peremptory instruction for the defendant was given, with the resulting verdict. The plaintiff’s motion to substitute the first verdict for the last and render judgment accordingly was overruled, and a judgment was entered dismissing the petition. The proper procedure was…