Baumann v. D., L. W.R.R. Co.

This is an action in tort for negligence. There was a verdict for plaintiff, and from the judgment entered thereon defendant appeals.

The first insistence of appellant is that there was error in the denial of its motion for the direction of a verdict. It can take nothing by this ground of appeal. The trial judge allowed at defendant's instance, a rule directing plaintiff to show cause why a new trial should not be had. Leave to reserve all exceptions was granted. Defendant assigned as reasons for a new trial (1) that the "verdict was contrary to the evidence;" (2) that it was "contrary to the…