Bitner v. Utah Central Railway Co.

Boreman, J.:

The plaintiff below (respondent here) was, in his wagon, drawn by two horses, crossing the railroad track of defendant, when a passing freight train of defendant struck the wagon, and injured him, and he brought this action to re*503cover damages for sncb injuries, alleged to bave been caused by tbe negligence of the defendant. The cause was tried with a jury, which gave a verdict in favor of plaintiff for $5,000 damages, and judgment was rendered accordingly. A motion for a new trial having been made and overruled, the defendant has brought the case, by appeal, to this court.

The…