Cincinnati, New Orleans & Texas Pacific Railroad v. Zeder

CLAY, Commissioner.

Appellant defendant’s freight train struck and damaged a power shovel owned by plaintiff appellee at a railroad crossing. The jury awarded plaintiff $15,000. On this appeal the principal contentions are: (1)the defendant was entitled to a directed verdict, and (2) it was entitled to a new trial because of newly discovered evidence.

The accident happened when the plaintiff’s employee was in the process of moving a 33 ton power shovel, propelled by caterpillar tracks, over a country railroad crossing. Another employee was stationed on the tracks a few feet south of the shovel…