New York Central Railroad v. Verpleatse

On Petition for Rehearing

Draper, C. J.

In our original opinion we said the overruling of appellant’s motion for new trial was the only error assigned. The appellant also assigned error in the overruling of its motion for judgment in its favor in conformity to the verdict returned by the jury, notwithstanding the general verdict in favor of appellee.

To sustain that motion the appellant first asserted that since the verdict found for the appellee Graham it also in effect found for appellant, and so a judgment against appellant based on that verdict cannot stand. We believe that phase of…