Southern Pacific Co. v. Pender

James Pender, as plaintiff in the court below, prosecuted this action against the Southern Pacific Company, a corporation, defendant, to recover damages for negligent injury to his property. The plaintiff was successful, and from a judgment in his favor and the order denying defendant’s motion for a new trial the case is brought here on writ of error. The order denying the motion for a new trial was entered June 11, 1912.

This ease was formerly before this court on appeal, and on motion of James Pender, the appellee, the appellant confessing the right to a dismissal, the appeal was dismissed,…