Missouri Pacific Railway Co. v. Berry

This action was brought by the defendant in error against the railway company to recover damages for personal injuries. Issues were joined and a trial was had before a jury in January, 1906, in the district court of Coffey county. After the plaintiff had introduced his evidence the defendant demurred thereto. The demurrer was sustained, and the jury dis*20charged. In due time the plaintiff filed a motion for a new trial, which was heard and denied by the court, and judgment was rendered against the plaintiff for costs. Thereafter, at the same term of court, upon the motion of the plaintiff to…