Hastings v. Northern Pac. R.
U.S. Circuit Court for the District of Washington
At Law. Action by Mintie Carver for damages on the ground of personal injuries caused by suffering from cold while traveling in a car on defendant’s road. Verdict and judgment in the sum of S^OOO for plaintiff.
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At Law. Action by Mintie Carver for damages on the ground of personal injuries caused by suffering from cold while traveling in a car on defendant’s road. Verdict and judgment in the sum of S^OOO for plaintiff. Defendant moved in clue time for a new trial, alleging, ar. grounds therefor, error in law occurring upon the trial; insufficiency of the evidence to justify the verdict; the verdict is contrary to the instructions given by the court; said motion was not called for hearing at the time fixed by the rules of court, nor until after the death of the plaintiff. H. H. A. Hastings, her…
1Opinion of the Court
HANFORD, District Judge.
The plaintiff makes an objection to the hearing of a motion for a new trial, which was filed within the time fixed by a written stipulation of the parties. Said objection is predicated upon that part of rule 24 of this court which prescribes that a motion for a new trial “shall be brought on for argument on the first succeeding motion day of the term at which it can he heard.” , This rule does no more than set a time for the hearing of a motion. If either party had appeared on. the first motion day at which the judge who presided at the trial was present, and invoked…
2Cited by3 opinions
- Atlantic Coast Line Railroad v. PowellSupreme Court of Georgia · 1907
- Zoccolillo v. Oregon Short Line R.Utah Supreme Court · 1918
- Russell v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1913