Kurn v. Freeman

CORN, V. C. J.

This is an action to recover damages for the wrongful death of deceased resulting from a collision with a train upon a railway crossing. The verdict and judgment were for plaintiff, and the defendants appealed. The parties are referred to herein as plaintiff and defendants, as they appeared in the trial court.

For reversal of said judgment, defendants’ first proposition is as follows:

“The trial court erred in not setting aside the verdict and granting defendant a new trial when the record affirmatively showed that the verdict of the jury was based on perjured testimony which was…